490.065. Expert witness, opinion testimony admissible--hypothetical question not required, when. - Missouri Statutes

Expert witness, opinion testimony admissible--hypothetical questionnot required, when.

490.065. 1. In any civil action, if scientific, technicalor other specialized knowledge will assist the trier of fact tounderstand the evidence or to determine a fact in issue, awitness qualified as an expert by knowledge, skill, experience,training, or education may testify thereto in the form of anopinion or otherwise.

2. Testimony by such an expert witness in the form of anopinion or inference otherwise admissible is not objectionablebecause it embraces an ultimate issue to be decided by the trierof fact.

3. The facts or data in a particular case upon which anexpert bases an opinion or inference may be those perceived by ormade known to him at or before the hearing and must be of a typereasonably relied upon by experts in the field in formingopinions or inferences upon the subject and must be otherwisereasonably reliable.

4. If a reasonable foundation is laid, an expert may testifyin terms of opinion or inference and give the reasons thereforwithout the use of hypothetical questions, unless the courtbelieves the use of a hypothetical question will make theexpert's opinion more understandable or of greater assistance tothe jury due to the particular facts of the case.

(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).