Kansas Expert Witness Rules: What Litigators Need to Know

Expert witness testimony is often essential in Kansas civil litigation, particularly in medical malpractice, product liability, and complex commercial disputes. Kansas follows a framework grounded in both its Rules of Civil Procedure and Rules of Evidence, closely resembling federal standards. From disclosure requirements to admissibility challenges, the rules demand precision, timeliness, and a strong evidentiary foundation. Failure to follow procedural mandates can result in preclusion, making expert strategy critical from the outset.

Designation Requirements

Kansas does not require formal expert witness designation by motion. Instead, the disclosure process is governed by K.S.A. § 60-226(b)(6), which mirrors aspects of Federal Rule 26. When a party intends to call an expert at trial, that party must disclose:

• The expert’s identity and qualifications
• The subject matter of the expert’s testimony
• A summary of the facts and opinions to be offered
• The basis for each opinion

This disclosure is typically done in response to interrogatories or pursuant to a pretrial order. Courts have discretion to exclude an expert’s testimony under K.S.A. § 60-237 for failure to comply with these requirements, especially if nondisclosure results in prejudice.

Expert Disclosure Process

Expert disclosures in Kansas proceed under court-approved discovery plans, with deadlines often established in a scheduling order under K.S.A. § 60-216. Parties may be required to provide:

• A detailed statement of opinions
• The basis and reasons for each opinion
• Supporting documents, test data, or literature
• A list of prior testimony over the last four years
• Compensation information

Kansas does not mandate expert reports in all cases, but reports are often exchanged voluntarily or required by specific scheduling orders. In professional negligence cases, early expert involvement is crucial, as these cases often hinge entirely on expert testimony.

Required Declarations

Kansas does not require expert declarations or affidavits at the disclosure phase, but they are essential for summary judgment practice. Under K.S.A. § 60-256(e), expert affidavits must:

• Be based on personal knowledge
• Present admissible facts
• Establish that the expert is competent to testify on the issue

In medical malpractice cases, expert affidavits are frequently required to survive a summary judgment motion. These affidavits must demonstrate that the defendant breached the standard of care and that this breach caused the plaintiff’s injury.

Fees and Compensation

Expert compensation in Kansas is typically determined by private agreement, and no statutory caps exist. However, when one party seeks to depose a testifying expert retained by the opposing party, K.S.A. § 60-226(b)(6)(B) requires the deposing party to pay the expert a reasonable fee for time spent in deposition.

Courts may step in to resolve disputes over fee reasonableness, especially if the requested rate appears excessive or unjustified by the expert’s credentials or market standards.

Discovery Scope and Limitations

Kansas allows for robust expert discovery under K.S.A. § 60-226(b)(6), which includes:

• Interrogatories and document requests
• Depositions of testifying experts
• Disclosure of materials reviewed, relied upon, or considered
• Compensation agreements

However, non-testifying consulting experts are protected from discovery unless exceptional circumstances exist, such as when no other source can provide equivalent information.

Draft reports and attorney-expert communications may be protected under the work-product doctrine, unless the court determines that the materials include facts or data relied upon in forming expert opinions.

Admissibility Standards

Kansas adheres to a Daubert-like standard, having formally adopted Daubert principles in State v. Canaan, 265 Kan. 835 (1998), and subsequently in Kansas Rules of Evidence § 60-456(b).

Under this standard, the court must determine whether:

1. The expert is qualified by knowledge, skill, experience, training, or education
2. The expert’s testimony is based on sufficient facts or data
3. The opinion is the product of reliable principles and methods
4. The expert has reliably applied the principles and methods to the facts of the case

Judges act as gatekeepers, especially in cases involving novel or controversial science. The reliability of the expert’s methodology, not just their conclusions, is key. Courts may conduct Daubert hearings pretrial to assess admissibility.

Key Deadlines & Strategy Notes

Expert deadlines in Kansas are generally determined by the court’s scheduling order, often following this timeline:

• Plaintiff’s expert disclosure: 90–120 days before trial
• Defense expert disclosure: 30–60 days later
• Rebuttal expert disclosures: Prior to discovery cutoff
• Expert depositions: Completed by close of discovery

Motions to exclude experts: Typically due prior to final pretrial conference

In medical malpractice and products liability actions, attorneys should retain experts early and prepare them for Daubert challenges, particularly where causation or scientific methodology is contested.

Failure to timely disclose or supplement expert opinions can result in exclusion under K.S.A. § 60-237, particularly where bad faith or prejudice is found.

State-Specific Statutes & Local Rules

• K.S.A. § 60-226(b)(6): Governs expert discovery and disclosures
• K.S.A. § 60-216: Authorizes pretrial scheduling and discovery plans
• K.S.A. § 60-256(e): Affidavit requirements for summary judgment
• K.S.A. § 60-456(b): Codifies expert testimony standards
• State v. Canaan, 265 Kan. 835 (1998): Kansas Supreme Court’s adoption of Daubert principles

Kansas courts, particularly in Johnson County, Sedgwick County, and the District of Kansas (federal court), may impose local rules or standing orders that add procedural detail to expert disclosures and motion deadlines.