A “Daubert Challenge” generally means a request to exclude a potential expert’s testimony. In most courts, an expert is one who possesses knowledge, skill, experience, training, or education and testifies in the form of an opinion about scientific, technical, or other specialized knowledge. There are five important considerations. First, the evidence must be scientific, technical,…
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Expert Witness Standards in Probate
Section 490.065.1, RSMo governs the admissibility of expert testimony in all proceedings in the probate court. So, this applies to most or all trust and estate litigation, including breach of trust claims and trust contest claims. Among other things, the statute requires that the facts or data on which the expert relied must be the…
Expert Witness Admissibility
Trial courts have substantial discretion when deciding whether to admit evidence at trial. This discretion extends to expert witness testimony. On appeal, a trial court’s decision to admit or exclude expert testimony is reviewed for an abuse of discretion. Spalding v. Stewart Title Guar Co., 463 S.W.3d 770, 778 (Mo. 2015). Not everything is discretionary….
Expert Witness Opinion Admissibility
Expert witnesses are frequently utilized when there is a technical or complex issue (e.g., medicine, property valuation) present and an expert opinion would aid the judge or jury in deciding a given matter. Even if expert testimony is not required, “it is admissible when the topic at issue is one which lay witnesses and fact…
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…
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)…
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…