SB452: (New Title) relative to testimony of expert witnesses.

CHAPTER 118

SB 452 – FINAL VERSION

03/11/04 0641s

2004 SESSION

04-3158

09/01

SENATE BILL 452

AN ACT relative to testimony of expert witnesses.

SPONSORS: Sen. Boyce, Dist 4; Sen. Gallus, Dist 1; Sen. Roberge, Dist 9

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes certain requirements for the admissibility of expert testimony.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/04 0641s

04-3158

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to testimony of expert witnesses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

118:1 New Sections; Testimony of Expert Witnesses; Disclosure. Amend RSA 516 by inserting after section 29 the following new sections:

516:29-a Testimony of Expert Witnesses.

I. A witness shall not be allowed to offer expert testimony unless the court finds:

(a) Such testimony is based upon sufficient facts or data;

(b) Such testimony is the product of reliable principles and methods; and

(c) The witness has applied the principles and methods reliably to the facts of the case.

II.(a) In evaluating the basis for proffered expert testimony, the court shall consider, if appropriate to the circumstances, whether the expert’s opinions were supported by theories or techniques that:

(1) Have been or can be tested;

(2) Have been subjected to peer review and publication;

(3) Have a known or potential rate of error; and

(4) Are generally accepted in the appropriate scientific literature.

(b) In making its findings, the court may consider other factors specific to the proffered testimony.

516:29-b Disclosure of Expert Testimony.

I. A party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the New Hampshire rules of evidence.

II. Except as otherwise stipulated or directed by the court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report signed by the witness. The report shall contain a complete statement of :

(a) All opinions to be expressed and the basis and reasons therefor;

(b) The data or other information considered by the witness in forming the opinions;

(c) Any exhibits to be used as a summary of or support for the opinions;

(d) The qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years;

(e) The compensation to be paid for the study and testimony; and

(f) A listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding 4 years.

III. These disclosures shall be made at the times and in the sequence directed by the court. In the absence of other directions from the court or stipulation by the parties, the disclosures shall be made at least 90 days before the trial date or the date the case is to be ready for trial or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party, within 30 days after the disclosure made by the other party. The parties shall supplement these disclosures when required in accordance with the court’s rules.

IV. The deposition of any person who has been identified as an expert whose opinions may be presented at trial, and whose testimony has been the subject of a report under this section, shall not be conducted until after such report has been provided.

118:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 17, 2004)

(Effective Date: July 16, 2004)