Section 21.1 Introduction

• Library: Family Law Deskbook and 2014 Supp

I. (§21.1) Introduction

Section 490.065.1, RSMo 2000, which concerns the use of expert witnesses, states:

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.

Attorneys practicing in the area of family law will find many occasions when scientific, technical, or other specialized knowledge will assist the “trier of fact,” which, in most family law cases, is a judge or family court commissioner. For instance, in dissolution of marriage proceedings, the following can be important witnesses:

physicians;

psychologists;

social workers;

accountants;

real estate appraisers;

actuaries; and

handwriting experts.

Trained physicians, psychologists, and social workers are often important in both the prosecution and the defense of child abuse and adult abuse charges. Expert testimony is essential to the prosecution and defense of contested paternity actions. This chapter discusses what types of experts can be used in family law matters, how to locate them, and how to introduce their testimony and evidence under Missouri law. Whenever possible, family law cases involving experts will be cited.

In contested family law matters, physicians can conduct mental and physical examinations of the parties and their children if health is an issue. Psychologists can testify regarding child abuse and adult abuse as well as the effect various proposed custody arrangements may have on the children of a marriage and also which custody arrangements are or are not in the best interest of the children. When one or both parties own a closely held business, an accountant will be able to help determine a value of the business to use in the distribution of property. An economist can be used to value a spouse’s contribution to the spouse’s mate’s professional degree and to value the practice that the degree makes possible. Vocational rehabilitation experts can express opinions regarding a party’s ability or lack of ability to work full or part time and in what types of jobs. Physicians can testify as to whether or not a spouse’s claim that certain medical conditions or injuries prevent the spouse from working are accurate or inaccurate. Real estate appraisers will examine property when the value is in dispute. An actuary could be used to assess a pension or profit-sharing plan. A handwriting expert can...