Section 13.4 Who Is an Expert?

• Library: Sources of Proof (2014 Ed.)

A. (§13.4) Who Is an Expert?

The test for determining whether a person qualifies as an expert is whether the witness has “special knowledge not shared by men in general.” Cebula v. Benoit, 652 S.W.2d 304, 308 (Mo. App. W.D. 1983) (quoting Meyers v. Wells, 273 S.W. 110, 115 (Mo. 1925)). The expert does not need to “have a complete knowledge of every facet of the subject” of expertise. Cotner v. Blinne, 623 S.W.2d 615, 618 (Mo. App. S.D. 1981).

Whether a witness is qualified to testify as an expert is determined as of the time the witness is offered. Albers Milling Co. v. Carney, 341 S.W.2d 117, 122 (Mo. 1960). Not every witness may testify as an expert. Section 490.065.1, RSMo 2000, defines who is an expert by stating that when specialized knowledge will assist the trier of fact, “a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.”

An individual may qualify as an expert as a result of practical experience or through...