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Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 490

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  490.065.  Expert witness, opinion testimony admissible — hypothetical question not required, when. — 1.  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.

  2.  Testimony by such an expert witness in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

  3.  The facts or data in a particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing and must be of a type reasonably relied upon by experts in the field in forming opinions or inferences upon the subject and must be otherwise reasonably reliable.

  4.  If a reasonable foundation is laid, an expert may testify in terms of opinion or inference and give the reasons therefor without the use of hypothetical questions, unless the court believes the use of a hypothetical question will make the expert's opinion more understandable or of greater assistance to the jury due to the particular facts of the case.

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(L. 1989 S.B. 127, et al.)

(2003) Section sets forth standard of admissibility of expert testimony in civil cases, including contested case administrative proceedings.  State Board of Registration for the Healing Arts v. McDonagh, 123 S.W.3d 146 (Mo.banc).


---- end of effective   28 Aug 1989 ----

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