As elected officials and proud Missourians, we are committed to making our state the best place to live, visit, raise a family, and build a business. This, of course, includes helping to create a business-friendly environment with low taxes, and fewer regulations and barriers for business owners. Any place where we can cut red tape or make the rules of the road simpler for those looking to do business in Missouri is an opportunity to strengthen our economy.
Oftentimes, this means dealing with seemingly small or complicated legal landmines.
One such landmine—and the reason I am sponsoring Senate Bill 918 this session—lies in Missouri’s rules governing the admissibility of expert testimony. While it may sound technical, this issue has very real consequences for Missouri employers, especially small and mid-sized businesses without unlimited legal budgets.
Missouri’s statute governing expert testimony, Revised Statute §490.065.2, was designed to ensure that only reliable, well-founded expert opinions are presented to juries. In 2017, Missouri wisely aligned its rule with Federal Rule of Evidence 702, creating predictability for businesses and consistency with federal courts. However, in December 2023, the federal rule was amended to clarify how judges must apply that standard. Missouri law has not yet been updated, leaving our courts operating under outdated language.
That difference matters. Many Missouri businesses operate across state lines and expect similar legal standards whether a case is heard in state or federal court. When our rules diverge, uncertainty follows—and uncertainty is costly. Businesses are forced to spend more on legal defense, retain additional experts, and litigate procedural questions instead of focusing on growth, hiring and innovation.
The federal amendment clarified an essential principle: judges serve as gatekeepers. Before an expert opinion reaches a jury, the court must determine that it is based on sufficient facts, reliable methods and a reliable application of those methods. The party offering the testimony bears the burden of proving its reliability, and that responsibility continues throughout the case.
Without this clarity, Missouri courts have sometimes treated reliability as an issue for juries to weigh rather than a threshold decision for judges. That opens the door to unsupported or speculative expert opinions—the kind that often drive frivolous lawsuits. For large corporations, these cases may be an inconvenience. For small businesses, they can be financially devastating.
Even when a business has done nothing wrong, the cost of defending against unreliable expert testimony—hiring its own experts, navigating inconsistent rulings and enduring prolonged litigation—can be enough to force layoffs or even close its doors. That is not a business-friendly legal climate, nor is it a fair justice system.
The need for clarity is not hypothetical. In the pending case of Hanshaw v. Crown Equipment Corp., a trial judge excluded unreliable expert testimony, only to have that decision reversed on appeal based on the mistaken belief that Missouri law favors admissibility regardless of reliability. This kind of inconsistency undermines confidence in our courts and discourages investment in Missouri.
This legislation is not about favoring plaintiffs or defendants. It is about clarity, fairness and economic development. By updating §490.065.2 to mirror the amended Federal Rule of Evidence 702, Missouri would reaffirm that judges must carefully and continuously evaluate expert testimony before juries ever hear it. Several states have already adopted this clarification, and more are following suit.
Missouri has worked hard to present itself as open for business. Aligning our expert evidence rules with federal standards is a commonsense step that reduces uncertainty, lowers litigation costs and protects responsible businesses from being driven under by junk science and frivolous claims. As a sponsor of SB 918, I believe this reform will strengthen our civil justice system and help ensure Missouri remains a place where businesses can grow, invest and thrive.
Please visit Sen. Burger’s official website for more information about his legislation at senate.mo.gov/Burger.
Jamie Burger (R) is the state senator for District 27.
