Kansas amends its rules of evidence to align with Federal Rule 702 and Daubert

On April 7, 2026, Kansas Governor Laura Kelly signed SB 398, amending the state’s Rules of Evidence to bring admissibility standards for expert testimony into close alignment with Federal Rule of Evidence 702 and Daubert.

SB 398 amends the language of K.S.A. 60-456, which controls the admissibility of expert testimony, to read (adopted language appears in italics):

(b) A witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that the:

1. Expert's scientific, technical or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
2. testimony is based on sufficient facts or data;
3. the testimony is the product of reliable principles and methods; and
4. expert's opinion reflects a reliable application of the principles and methods to the facts of the case.

The addition of this language clarifying that the proponent of expert testimony must demonstrate the opinion “is more likely than not” to help the trier of fact, aligns with recent trends reinforcing courts’ roles as a gatekeeper in admitting expert testimony. Not coincidentally, in 2023, Federal Rule of Evidence 702 was amended to add the same “more likely than not” language contained in SB 398. The Federal Advisory Committee’s notes regarding Federal Rule 702’s amendment clarifies the language adopted into the Federal Rules does not impose any specific new procedures for a court to apply in considering whether expert testimony is admissible, but rather reinforces existing requirements: before expert testimony reaches a jury, the court must determine that it is both reliable and helpful.  

The Missouri Supreme Court also recently issued an opinion in Hanshaw v. Crown Equipment Corp. reinforcing the stringent requirements for reliability under Daubert for expert testimony in that state, which you can read about here.