HB 153 Modifies provisions relating to expert witnesses
Sponsor: Libla
LR Number: 0381H.01T Fiscal Notes
Committee: Government Reform
Last Action: 3/28/2017 - Signed by Governor Journal Page: H1175
Title: Calendar Position:
Effective Date: August 28, 2017
House Handler: Corlew

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Current Bill Summary


HB 153 - This act provides that current standards for admitting expert testimony in a civil action shall apply to legal actions adjudicated in probate court, juvenile court, family courts, or in actions involving divorce, marriage, adoption, child support orders, protective orders, or in actions in which there is not right to a jury trial.

In all other legal actions an expert witness may testify in a court proceeding if the expert has specialized knowledge that will help the trier of fact understand the evidence, the testimony is based on sufficient facts and the product of reliable principles, and if the expert has reliably applied such principles to the facts of the case.

An expert may base an opinion on facts in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts in forming an opinion, the facts need not be admissible for the opinion to be admitted. If the facts would otherwise be inadmissible, the proponent may disclose them to the jury only if their probative value outweighs their prejudicial effect.

An expert witness shall not testify on the defendant's mental state which constitutes an element of the crime. An expert witness may state an opinion without first testifying to the underlying facts, but may be required to do so on cross-examination.

The act does not prevent a person from testifying as to the reasonable market value of an owner's land.

This act is similar to SB 200 (2017), the truly agreed to and finally passed version of SB 591 (2016), HCS/HB 1676 (2016), SCS/SB 233 (2015), HB 697 (2015), and SB 975 (2014).

JESSI BAKER