Section 11 Expert Witnesses

• Library: Condemnation Practice 2009

The core of a condemnation trial consists of testimony from the respective parties’ expert witnesses. Typically, both sides offer testimony from real estate appraisers.

In any civil action, if scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.

Section 490.065.1, RSMo 2000. Courts define an “expert witness” as “one who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or of deducing correct conclusions.” Giambelluca v. Mo. Pac. R.R. Co., 320 S.W.2d 457, 463 (Mo. 1959). Section 490.065 is the standard for admissibility of expert testimony. State Bd. of Registration for Healing Arts v. McDonagh, 123 S.W.3d 146 (Mo. banc 2003).

Advice for Lawyers on Expert Witnesses.

The principal opinion’s discussion of section 490.065 is worth reading for its excellent legal analysis. I would only add a helpful summary for practitioners in Missouri courts and administrative agencies:

Forget Frye. Forget Daubert. Read the statute. Section 490.065 is written, conveniently, in English. It has 204 words. Those straightforward statutory words are all you really need to know about the admissibility of expert testimony in civil...