Section 17 Witnesses and Subpoenas

• Library: Administrative Law 2011

(2) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to
the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him to testify, and to rebut the evidence against him.

Section 536.070(2), RSMo 2000.

The admission of expert testimony in contested case proceedings is governed by the requirements of § 490.065, RSMo 2000. State Bd. of Registration for Healing Arts v. McDonagh, 123 S.W.3d 146, 154–55
(Mo. banc 2003). An expert witness may base an opinion on hypothesized dates or facts, but those items must be in the record of admissible evidence in the case. Lytle v. T‑Mac, Inc., 931 S.W.2d 496, 501 (Mo. App. W.D. 1996), overruled in part on other grounds by Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003). The question of whether an expert’s opinion testimony is supported by sufficient factual or scientific foundation is one of admissibility and...