HB 1021 -- Reliability in Expert Testimony Standards Act

Sponsor:  Stevenson

This bill establishes the Reliability in Expert Testimony
Standards Act which limits testimony by a non-expert witness to
opinions that are based on firsthand knowledge or experience of
the witness; help in determining an issue of fact; and not based
on scientific, technical, or other specialized knowledge.  In its
main provisions, the bill:

(1)  Allows any witness testifying as an expert to give his or
her opinion only when the testimony is based on sufficient facts
or data and the witness has applied reliable principles and
methods to the specific facts of the case;

(2)  Prohibits any facts or data that are otherwise inadmissible
from being disclosed to a jury unless the evidence is more
helpful to the jury in evaluating the expert's opinion than it is
prejudicial in its effect;

(3)  Allows expert witnesses to receive a reasonable and
customary fee for the testimony they provide;

(4)  Allows any party to the lawsuit to request a pre-trial
hearing to determine whether a witness qualifies as an expert and
whether the testimony he or she offers satisfies the requirements
of the bill;

(5)  Requires all parties to the suit to disclose the identity of
their expert witnesses prior to the trial and allows a party to
take a deposition from any identified expert witness before the
trial;

(6)  Instructs courts to follow the Supreme Court opinions of
Daubert v. Merrell Dow Pharmaceuticals; General Electric Company
v. Joiner; Kumho Tire Company v. Carmichael; and Weisgram v.
Marley in their interpretation and application of the bill; and

(7)  Requires appellate courts to apply a de novo standard of
review in determining whether the trial court applied the proper
legal standards specified in the bill when admitting expert
testimony.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am