Missouri Adopts Daubert Standard

The "Show Me" state has adopted the Daubert standard, as well as other provisions from the Federal Rules of Evidence on the "Bases of Opinion Testimony by Experts" (Rule 703) and "Disclosing of Facts or Data Underlying Expert Opinion" (Rule 705). These revisions align Missouri with the standards used by the federal courts and the majority of states.

A month and a half before signing House Bill 153 into law, Governor Eric Greitens called Missouri a "judicial hellhole" for its expert witness standards. During the signing March 28th, Greitens spoke of "crooked trial lawyers" and "shady witnesses that act as experts while peddling junk science."

Proponents of the bill included the Missouri Organization of Defense Lawyers, Missouri Chamber of Commerce and Industry and various medical and insurance firms.

Opposing the bill, the Missouri Association of Trial Attorneys argued that it would do nothing to improve the quality of experts admitted to testify, and it would drive up litigation costs.

Revised §490.065 removes the criteria for "reasonably relied upon" evidence and replaces it with a new requirement that the Court, acting as a gatekeeper, find that:

• The testimony is based on sufficient facts or data;
• The testimony is the product of reliable principles and methods; and
• The expert has reliably applied the principles and methods to the facts of the case.

Prior to the change, an expert's opinion only had to be "based on" scientific, technical or other specialized knowledge.

State Senator Scott Sifton, D-Affton, had also pushed against the bill, arguing that "it helps to have a third-rate expert witness testifying against your client, because it makes you look like you're the side with credibility."

In 2016, Missouri had approved legislation adpting the Daubert standard, but then Governor Jay Nixon vetoed that bill.