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MO HB697

Bill

Status

Introduced

1/27/2015

Primary Sponsor

Kevin Corlew

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends section 490.065, RSMo to create a two-tiered standard for expert witness testimony in Missouri civil cases

  • Family law cases (chapters 451-455), juvenile court cases (chapter 211), and family court cases (chapter 487) retain the existing, more permissive standard allowing expert testimony if it will assist the trier of fact

  • All other civil actions must meet stricter requirements: expert testimony must be based on sufficient facts or data, use reliable principles and methods, and the expert must have reliably applied those methods to the case facts (similar to the federal Daubert standard)

  • In criminal cases, expert witnesses are prohibited from stating opinions about whether the defendant had the mental state required for the crime or defense—that determination is reserved for the trier of fact alone

  • Experts may state opinions without first testifying to underlying facts, but may be required to disclose those facts during cross-examination

Legislative Description

Modifies provisions relating to expert witnesses

Last Action

Laid Over (H)

4/28/2015

Committee Referrals

Select Committee on Judiciary4/15/2015
Civil and Criminal Proceedings2/11/2015

Full Bill Text

No bill text available