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Kansas Judiciary Committee hears bill to align expert-testimony standard with federal rule
Summary
The Judiciary Committee heard Senate Bill 398, which would amend KSA 64 56 to require a proponent to show it is "more likely than not" that an expert's specialized knowledge will assist the trier of fact before certain experts may testify; proponents said the change mirrors Federal Rule of Evidence 702 and is a technical cleanup.
At a Judiciary Committee hearing, lawmakers considered Senate Bill 398, which would amend KSA 64 56 to require that a proponent demonstrate to the court it is "more likely than not" that an expert's scientific, technical or other specialized knowledge will help the trier of fact before certain qualified witnesses may testify.
A committee reviser summarized the proposal, saying the bill "would modify that provision to provide that a witness who's qualified as an expert may testify ... if the proponent demonstrates to the court that it's more likely than not that the expert's scientific, technical, or other specialized knowledge will help the trier of fact." The reviser also reiterated existing statutory safeguards: testimony…
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