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In some instances, the state statutes are based on older versions of the federal statute, which explains the omissions of some clauses. North Carolina has added an extensive section to Rule 702 in order to govern the use of expert testimony in cases of medical malpractice. While this is a matter of state jurisdiction, South Carolina has taken no steps towards implementing these testimony regulations to its own Article VII.
One difference between the federal statute and those in both of the Carolinas is that the federal statute has retained the clause in Rule 703 that states "Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect." This clause was in Rule 403 during the Christophersen v Allied-Signal days, but the federal code has moved it to Rule 703. In South Carolina this clause remains in Rule 403, as it does...
South Carolina's code sticks the closest the federal code, but Rule 403 shows evidence that the states have yet to modernize their codes and bring them in line with federal statutes. Neither state has chosen to address the issue of expert witnesses providing opinion in insanity cases either. All told, however, there are more similarities than differences within these statutes.
Works Cited:
Article VII: Opinions and Expert Testimony. Cornell University. Retrieved April 12, 2009 from http://www.law.cornell.edu/rules/fre/rules.htm#Rule702
North Carolina General Statutes Article 7 -- Opinions and Expert Testimony. Justia. Retrieved April 12, 2009 from http://law.justia.com/northcarolina/codes/chapter_8c/article_7.html
South Carolina Rules of Evidence. Xprolegal.com. Retrieved April 12, 2009 from http://www.xprolegal.com/rules/Rules_SCarolina.pdf
Works Cited:
Article VII: Opinions and Expert Testimony. Cornell University. Retrieved April 12, 2009 from http://www.law.cornell.edu/rules/fre/rules.htm#Rule702
North Carolina General Statutes Article 7 -- Opinions and Expert Testimony. Justia. Retrieved April 12, 2009 from http://law.justia.com/northcarolina/codes/chapter_8c/article_7.html
South Carolina Rules of Evidence. Xprolegal.com. Retrieved April 12, 2009 from http://www.xprolegal.com/rules/Rules_SCarolina.pdf
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