Louisiana Expert Evidence Reform

At the request of the Civil Justice Reform Group, Deborah Kuchler and Leigh Ann Schell of our New Orleans office drafted Senate Bill 308 to establish a consistent and timely procedure for trial court review of the qualifications and methodologies of expert witnesses.  Debbie and Leigh Ann assisted with reviewing and preparing amendments to ensure the bill’s integrity throughout the legislative process.

Debbie testified before the Louisiana Senate Judiciary Committee successfully pushing the bill through committee.  Leigh Ann followed with testimony before the House Committee on Civil Law. 

The bill is now headed to Governor Bobby Jindal's office where it is expected to become law.  Senate Bill 308 provides for a pre-trial hearing and decision on the admission of testimony of expert witnesses.  The process begins with a motion by any party at least 60 days before trial to challenge an expert's qualifications and methodologies under the Daubert standard as set out in Louisiana Code of Evidence articles 702 through 705.  The court is required to rule on the motion and to provide findings of fact and conclusions of law at least 30 days before trial.   

After moving through the Governor's office, the law will become effective on January 1, 2009.  For cases set for trial between January 1, 2009 and April 1, 2009, the law will become effective on April 1, 2009.    This law will provide consistency in Louisiana courts for testing expert testimony where there had previously been none.  Now, at least 30 days in advance of trial, litigants will know which experts are qualified and meet the reliability requirements of the Code of Evidence.