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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 must be based on sufficient facts and data, be the product of reliable principles and methods, and reflect a reliable application of those methods to the facts of the case.
Eric Stafford, vice president of government affairs at the Kansas Chamber, testified in support. Stafford told the committee Kansas has maintained an expert-evidence statutory standard since 2014 and said changes to the federal Rule of Evidence 702 in December 2023 prompted states with statutory standards to update their laws. "So really in our view, this is just a ... modification to continue to mirror the federal standard," Stafford said, adding he viewed SB 398 as a "statutory cleanup."
Stafford also noted other states are moving to adopt the updated federal standard and said stakeholders who might disagree with broader tort reforms supported the technical language in this bill. He offered to answer questions and said proponents believe the change is technical rather than substantive.
The chair held questions until all proponents had been heard. The committee recorded a number of written-only proponent submissions, including from Dan Murray, Kansas State Director, National Federation of Independent Business; Tyler Heffern, on behalf of the Kansas Association of Defense Counsel; Peter Conley, Deputy Capital Defender, Board of Indigent Defense Services; Marley Carpenter; the Kansas Association of Property and Casualty Insurance Companies; and Katrina Abraham, on behalf of the Greater Kansas City Chamber of Commerce. The committee also noted opponent written-only testimony from Travis R. Aller, D.C., executive director of the Kansas Chiropractic Association.
No vote was taken at the hearing. The chair closed the hearing and asked proponents to have amendments ready; she said the committee intends to "work" bills previously heard next week, reminded sponsors with hearings on Monday, Feb. 9 to submit written copies of testimony by 10 a.m. Friday, Feb. 6 to the committee assistant, and adjourned.
The hearing record shows proponents framing SB 398 as an alignment with the federal evidence standard and a technical clarification of existing Kansas statute; the committee did not take formal action at this session.
