Insights & Events

Hollingsworth partner Eric Lasker testified last week as the lead witness before the Missouri House and Senate committees in support of an amendment to the state version of Federal Rule of Evidence 702.

Many states are moving towards adoption of rule reforms in alignment with the amendment to Rule 702. Different states enact such changes in different ways – some through the courts and others through legislation. The Missouri legislation would bring the state’s expert evidence admission standards into alignment with amended FRE 702. Both the Missouri House and Senate bills would clarify that, under Missouri law, the proponent of expert evidence has the burden of proving admissibility and the judge in a case should evaluate the reliability and appropriateness of any expert testimony before it is put before a jury. Firm client Mark Dunn, with Midwest Sterilization Corporation, leads the state working group, which developed the proposed rule change, and the Missouri Defense Lawyers Organization has endorsed the legislation. It is joined by a growing group of bar, business, and civic organizations in advocating for the legislation.

Eric Lasker is co-author of Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, which triggered the FRE Advisory Committee’s consideration of potential amendments to Rule 702. In 2018, Eric participated in a roundtable discussion on the potential amendment sponsored by the Judicial Conference Advisory Committee on Rules of Evidence. In 2022, he testified before the Committee again in support of the proposed amendment, which was then unanimously approved by the Committee on Rules of Practice and Procedure, and which went into effect December 1, 2023.