State v. Gamez, 228 N.C. App. 329 (Jul. 16, 2013)

In criminal cases, the amendment to N.C.Evid. R. 702, which is “effective October 1, 2011, and applies to actions commenced on or after that date” applies to cases where the indictment is filed on or after that date. The court noted that it had suggested in a footnote in a prior unpublished opinion that the trigger date for applying the amended Rule is the start of the trial but held that the proper date is the date the indictment is filed. Here, the defendant was initially indicted on 17 May 2010, before the 1 October 2011 effective date. Although a second bill of indictment was filed on 12 December 2011 and subsequently joined for trial, the court held that the criminal proceeding commenced with the filing of the first indictment and that therefore amended Rule 702 did not apply.