Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Court Procedure topic
No spam. Unsubscribe anytime.
House tightens expert-witness pay rules, bans contingency 'win' bonuses
Summary
On final passage the House approved HB 437 to prohibit contingency or outcome-based bonuses for expert witnesses while preserving ordinary compensation; sponsors said the bill clarifies improper practices reported by attorneys.
Representative Miller presented HB 437 to clarify that expert witnesses may be paid reasonable fees but cannot be paid contingency or 'win bonus' payments tied to the outcome of litigation. Miller said the bill responds to accounts from attorneys that some experts had been offered extra payments contingent on a favorable result and that the measure expressly prohibits such arrangements while preserving routine expert compensation.
Members asked detailed questions about scope and unintended consequences. Representative Laura Bedaine and other members sought assurances that ordinary fee arrangements — including payment of an expert's standard fee or recovery of expert fees awarded by a court — would not be prohibited; Miller said the bill was drafted to allow payment of ordinary fees but to ban outcome-contingent bonuses. Several members raised concerns that the bill may be unnecessary because existing rules of professional conduct and ethics already address such practices; Miller said conversations with industry members prompted the clarification.
The House adopted technical amendments to tighten definitions and limit the bill's reach. On final passage the clerk recorded 75 yays and 18 nays and the bill passed.
What happens next: HB 437 advances to the Senate. The sponsor and committee record indicate that future rulemaking or judicial interpretation may further clarify application to specific litigation contexts.
Sources: Floor debate and roll-call on final passage.
