SB 238 - This act makes changes to the provision regarding admissibility of expert testimony to mirror the Federal Rules of Evidence. Specifically, expert testimony may not be admitted unless the proponent demonstrates to the court that it is more likely than not that the proffered testimony meets the knowledge, testimony, and reliability requirements. Furthermore, this act modifies the reliability requirement by providing that the expert's opinion reflects a reliable application of, rather than the expert has reliably applied, the principles and methods to the facts of the case.

This act is identical to HB 263 (2025) and a provision in SB 313 (2025).

KATIE O'BRIEN

Statutes affected:
Introduced (0404S.01): 490.065

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Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: SB 238
Sponsor: Burger
Hearing Date: 2/18/2025


COMMITTEE: General Laws

CHAIRMAN: Trent

DATE REFERRED: 2/3/2025 DATE HEARING REQUESTED:



STAFF:
Bryce Beal
Victoria Hooker
Scott Svagera


WITNESSES GIVING INFORMATION:



WITNESSES FOR:
Jacob Scott - Missouri State Medical Association; Missouri Association of Osteopathic Physicians and Surgeons
Luke Reed - Missouri Chamber of Commerce and Industry
Brian Bernskoetter - Missouri Organization of Defense Lawyers
Matthew Smith - Associated Industries of Missouri
Mark Dunn - Midwest Sterilization
Rich AuBuchon - Missouri Civil Justice Reform Coalition & American Property Casualty Insurance Association
Jorgen Schlemeier - American Tort Reform Association
Hampton Williams - Missouri Insurance Coalition
Dana Frese - Missouri Hospital Association
Eric Lasker - Hollingsworth, LLP


WITNESSES AGAINST:
David Klarich - Missouri Circuit Judges’ Association
Luann Madsen - Missouri Association of Trial Attorneys