Rule 702 Testimony by Expert Witnesses

Maine Restyling Note [November 2014]

Maine Rule of Evidence 702 is similar to its federal counterpart. Maine did not adopt the final subparagraphs of Federal Rule of Evidence 702 and that omission is carried through in the restyled Rule.

Federal Restyling Committee Note

The language of Rule 702 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Advisers’ Note to former M.R. Evid. 702

(February 2, 1976)

This rule is also declaratory of Maine law. The concluding phrase allowing the expert to testify “in the form of an opinion or otherwise” is designed to allow an expert to give an exposition of relevant scientific or other principles in the form of statements of fact. Cf. State v. Thomas, 299 A.2d 919 (Me. 1973) (objection to expert’s testimony “presented as a statement of fact” as opposed to being “only an opinion and not an observed fact” overruled; “a hypertechnical exercise in semantics”, said the court).