The state of Missouri does not follow either the Daubert or Frye tests for expert witness admissibility. Bailey v. Cameron Mut. Ins. Co., 122 S.W.3d 599 (Mo. Ct. App. 2003). Instead, Missouri follows the state statute regarding the admissibility of expert witness testimony, which is § 490.065 of Missouri’s Rules of Evidence. Mo. Ann. Stat. § 490.065 (West 2017). Under this statute, expert testimony is admissible if “the facts or data” in the case are of the “type reasonably relied on by experts in the field in forming opinions or inferences” and are “otherwise reasonably reliable.” Id. Other factors for the court to consider are the expert’s “experience, training, and education.” Bailey, 122 S.W.3d 599. In addition to analyzing what is generally accepted in the expert’s field, courts “must also independently determine whether the facts and data on which an expert’s opinion is based are ‘otherwise reasonably reliable.’” Doe v. McFarlane, 207 S.W.3d 52 (Mo. Ct. App. 2006).
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