Expert Witness Testimony Standards

State Bills: Kansas

Published April 9th, 2026

Detected April 2nd, 2026

Summary

Kansas enacted SB398, establishing new standards for expert witness testimony in state courts. The bill requires proponents to demonstrate by a preponderance of evidence that specialized knowledge will assist the trier of fact in understanding evidence. The legislation passed the Senate 40-0 and House 124-0 before being presented to the Governor on March 30, 2026.

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What changed

Kansas SB398 introduces a new evidentiary standard for expert witness testimony, requiring parties seeking to present such testimony to prove 'more likely than not' that the expert's specialized knowledge will help the trier of fact understand the evidence at issue. This creates a threshold burden above the traditional Daubert/Kumho standard for qualifying expert witnesses in Kansas state courts.

Legal practitioners and trial sponsors conducting litigation in Kansas must now prepare stronger foundational showings when tendering expert witnesses. Failure to meet this preponderance standard may result in exclusion of expert testimony. The bill applies broadly to all civil and criminal proceedings where expert testimony is offered.

What to do next

Review expert witness qualification and foundation procedures for Kansas proceedings
Prepare stronger evidentiary showings when tendering expert witnesses to meet preponderance standard
Update trial strategy and expert witness protocols to comply with new testimony admissibility requirements

Source document (simplified)

ChangeBridge / Kansas / SB398 Enrolled SB398 Senate Bill Enrolled 2026-04-09

Requiring a proponent to demonstrate that it is more likely than not that certain specialized knowledge will help the trier of fact to understand evidence before certain qualified witnesses may testify.

Bill Details

State Kansas

Session 2025-2026 Regular Session

Chamber Senate

Official Source kslegislature.gov/li/b2025_26/measures/sb398/

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Action History

2026-04-09 S Senate Enrolled and presented to Governor on Monday, March 30, 2026 2026-03-26 S Senate Concurred with amendments in conference; Yea: 39 Nay: 0 2026-03-23 H House Motion to accede adopted; Representative Humphries, Representative Williams, L. and Representative Osman appointed as conferees 2026-03-23 S Senate Nonconcurred with amendments; Conference Committee requested; appointed Senator Warren , Senator Titus and Senator Corson as conferees 2026-03-18 H House Emergency Final Action - Passed as amended; Yea: 124 Nay: 0 2026-03-18 H House Committee of the Whole - Be passed as amended 2026-03-18 H House Committee of the Whole - Committee Report be adopted 2026-03-12 H House Committee Report recommending bill be passed as amended by Committee on Judiciary 2026-03-03 H House Hearing: Tuesday, March 3, 2026, 3:30 PM Room 582-N 2026-02-19 H House Referred to Committee on Judiciary 2026-02-19 H House Received and Introduced 2026-02-18 S Senate Emergency Final Action - Passed; Yea: 40 Nay: 0 2026-02-18 S Senate Committee of the Whole - Be passed 2026-02-10 S Senate Committee Report recommending bill be passed by Committee on Judiciary 2026-02-05 S Senate Hearing: Thursday, February 5, 2026, 10:30 AM Room 346-S 2026-01-28 S Senate Referred to Committee on Judiciary 2026-01-27 S Senate Introduced

Votes

2026-02-18 Senate Emergency Final Action - Passed - Yea: 40 Nay: 0 Yea: 40 Nay: 0 2026-03-18 House Emergency Final Action - Passed as amended - Yea: 124 Nay: 0 Yea: 124 Nay: 0 2026-03-26 Senate Concurred with amendments in conference - Yea: 39 Nay: 0 Yea: 39 Nay: 0