EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 238
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
0404S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 490.065, RSMo, and to enact in lieu thereof one new section relating to expert
witnesses.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 490.065, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 490.065, 2
to read as follows:3
490.065. 1. In actions brought under chapter 451, 1
452, 453, 454, or 455 or in actions adjudicated in juvenile 2
courts under chapter 211 or in family courts under chapter 3
487, or in all proceedings before the probate division of 4
the circuit court, or in all actions or proceedings in which 5
there is no right to a jury trial: 6
(1) If scientific, technical or other specialized 7
knowledge will assist the trier of fact to understand the 8
evidence or to determine a fact in issue, a witness 9
qualified as an expert by knowledge, skill, experie nce, 10
training, or education may testify thereto in the form of an 11
opinion or otherwise; 12
(2) Testimony by such an expert witness in the form of 13
an opinion or inference otherwise admissible is not 14
objectionable because it embraces an ultimate issue to be 15
decided by the trier of fact; 16
(3) The facts or data in a particular case upon which 17
an expert bases an opinion or inference may be those 18 SB 238 2
perceived by or made known to him at or before the hearing 19
and must be of a type reasonably relied upo n by experts in 20
the field in forming opinions or inferences upon the subject 21
and must be otherwise reasonably reliable; 22
(4) If a reasonable foundation is laid, an expert may 23
testify in terms of opinion or inference and give the 24
reasons therefor without the use of hypothetical questions, 25
unless the court believes the use of a hypothetical question 26
will make the expert's opinion more understandable or of 27
greater assistance to the jury due to the particular facts 28
of the case. 29
2. In all actions except those to which subsection 1 30
of this section applies: 31
(1) A witness who is qualified as an expert by 32
knowledge, skill, experience, training, or education may 33
testify in the form of an opinion or otherwise if the 34
proponent demonstrates t o the court that it is more likely 35
than not that: 36
(a) The expert's scientific, technical, or other 37
specialized knowledge will help the trier of fact to 38
understand the evidence or to determine a fact in issue; 39
(b) The testimony is based on su fficient facts or data; 40
(c) The testimony is the product of reliable 41
principles and methods; and 42
(d) The [expert has reliably applied ] expert's opinion 43
reflects a reliable application of the principles and 44
methods to the facts of the case; 45
(2) An expert may base an opinion on facts or data in 46
the case that the expert has been made aware of or 47
personally observed. If experts in the particular field 48
would reasonably rely on those kinds of facts or data in 49
forming an opinion on the su bject, they need not be 50 SB 238 3
admissible for the opinion to be admitted. But if the facts 51
or data would otherwise be inadmissible, the proponent of 52
the opinion may disclose them to the jury only if their 53
probative value in helping the jury evaluate the opin ion 54
substantially outweighs their prejudicial effect; 55
(3) (a) An opinion is not objectionable just because 56
it embraces an ultimate issue. 57
(b) In a criminal case, an expert witness shall not 58
state an opinion about whether the defendant did o r did not 59
have a mental state or condition that constitutes an element 60
of the crime charged or of a defense. Those matters are for 61
the trier of fact alone; 62
(4) Unless the court orders otherwise, an expert may 63
state an opinion and give the reason s for it without first 64
testifying to the underlying facts or data. But the expert 65
may be required to disclose those facts or data on cross - 66
examination. 67
3. The provisions of this section shall not prevent a 68
person, partnership, association, or co rporation, as owner, 69
from testifying as to the reasonable market value of the 70
owner's land. 71