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Expert Witness Testimony and Opinion

Section 490.065, RSMo increased the standard for the admissibility of expert witness testimony in Missouri. The legislation took effect in 2017 to combat what was perceived to be low standards for expert testimony and high jury verdicts in favor of plaintiffs on medical malpractice and/or product liability claims. The new law brings Missouri’s expert witness […]

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Lay Witness Testimony, Personal Knowledge

Unless someone is qualified as an expert witness in Missouri, witnesses may not ordinarily offer opinions at trial; instead, they usually testify about facts within his or her “personal knowledge.” State v. Sanders, 842 S.W.2d 916, 919 (Mo. Ct. App. 1992). In other words, lay witnesses are permitted to testify as to “perceptible facts” regarding the event(s) […]

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Expert Witness Testimony, Admissibility

In Missouri, expert testimony is admissible as long as the expert’s competence on the subject is superior to that of the ordinary juror and the expert’s opinion aids the jury in deciding an issue in the case. Freight House Lofts v. VSI Meter SVCS., 402 S.W.3d 586, 596 (Mo. Ct. App. 2013). “If the court finds that […]

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