Rule 702 - Testimony by Experts(a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.(b) No more than three independent expert witnesses may testify for each side as to the same issue in any given case. For purposes of this rule, an independent expert is 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. The court, upon the showing of good cause, may increase or decrease the number of independent experts to be called.(c)[Applicable to cases filed on or after August 7, 1997.] Professional Negligence Cases. In an action based on professional negligence, a person may not testify as an expert witness on the issue of the appropriate standard of care except as provided in AS 09.20.185.Added by SCO 364 effective 8/1/1979; amended by SCO 793 effective 3/15/1987; by SCO 1172 effective 7/15/1995; by SCO 1269 effective 7/15/1997; and by SCO 1281 effective 8/7/1997 In 1996, the legislature enacted AS 12.45.037 relating to the admissibility of expert testimony about criminal street gang activity. According to § 11 ch. 60 SLA 1996, this statute has the effect of amending Evidence Rule 702 to allow expert testimony to be admitted in a criminal prosecution to show criminal gang characteristics, activity, and practices.
Note to SCO 1281: In 1997 the legislature enacted AS 09.20.185 which prohibits a person from testifying as an expert in a professional negligence action unless the person has the qualifications listed in AS 09.20.185(a). According to ch. 26, § 51, SLA 1997, this statute has the effect of amending Evidence Rule 702 by requiring certain qualifications for a person testifying as an expert witness. According to § 55 of the session law, AS 09.20.185 applies "to all causes of action accruing on or after the effective date of this Act." However, Rule 702(c), adopted by paragraph 15 of this order, is applicable to all cases filed on or after August 7, 1997. See paragraph 17 of this order.