Expert Witnesses in Kansas
Under Kansas Rules of Evidence § 60-456(b), an expert is a witness qualified by special knowledge, skill, experience, training, or education whose testimony will assist the trier of fact.
Rules Governing Disclosure
Kansas Statutes § 60-226(b)(6) requires affirmative disclosure of expert witness identity and substantive expert information in civil cases.
Under K.S.A. § 60-226(b)(6), Kansas civil discovery rules require parties to disclose any expert testimony they intend to present at trial. A party must identify each expert witness and state both the subject matter of the testimony and the substance of the facts and opinions the expert is expected to offer. When the expert is retained or specially employed to provide testimony, or is an employee whose duties regularly involve giving expert opinions, the disclosure must also include a summary of the grounds supporting each opinion. Expert disclosures must be completed at the time and in the sequence set by court order, and absent a scheduling directive, they are typically due at least 90 days before trial—or within 30 days after an opposing party’s disclosure if the testimony will be used solely to rebut another expert. Parties must supplement their disclosures as new information becomes available, and experts may be deposed only after these disclosures are made. Failure to comply can lead to motions to compel, sanctions, or exclusion of the witness under K.S.A. § 60-237.
Under K.S.A. § 60-256(e), an expert affidavit offered in support of or in opposition to summary judgment must be grounded in the affiant’s personal knowledge, set forth facts that would be admissible in evidence, and affirmatively show that the witness is qualified to testify on the matters addressed. In medical malpractice cases, such affidavits are often indispensable to avoid summary judgment and must establish not only that the defendant breached the applicable standard of care, but also that the breach caused the plaintiff’s injuries.
In Kansas criminal cases, § 22-3212 requires both the prosecution and the defense to disclose expert testimony before trial. Each side must provide a summary or written report of any expert it plans to call, including the expert’s opinions and qualifications, and must do so at a reasonable time prior to trial, according to a court order or party agreement. The rule is reciprocal, meaning the defense has the same disclosure obligations it requests of the State. Failure to comply can lead to court remedies such as continuances, compelled disclosure, or exclusion of the expert’s testimony.
Admissibility Standards
Kansas follows a Daubert-inspired framework for admitting expert testimony, as reflected in the language of Kansas Rule of Evidence § 60-456(b).
In the current § 60-456(b), a witness can testify as an expert only if:
the testimony is based on sufficient facts or data,
it is the product of reliable principles and methods, and
the witness has reliably applied those principles and methods to the facts of the case — language that explicitly incorporates reliability standards into the rule.
Attorney–Expert Communication Protection
Kansas generally protects communications between attorneys and expert witnesses under K.S.A. § 60-226(b)(4), which incorporates the work-product doctrine. Draft expert reports and communications that reveal attorney mental impressions, legal theories, or litigation strategy are shielded from discovery. However, this protection is not absolute. K.S.A. § 60-226(b)(4) protects attorney work product and draft communications, but expressly does not shield financial information tied to expert testimony, including compensation arrangements. Kansas also requires disclosure of the facts or data provided to an expert, as well as any assumptions or hypotheticals the attorney asks the expert to apply if the expert relies on them in forming opinions.
In sum, Kansas protects attorney–expert communications that reflect strategy, mental impressions, or draft work, but requires disclosure of the facts, data, and assumptions underlying the expert’s opinions.
Compensation
Under K.S.A. § 60-226, a party who seeks discovery from another party’s expert must pay the expert a reasonable fee for time spent responding. If a party obtains discovery from an expert retained by an opposing party, the requesting party—not the retaining party—bears the cost of the expert’s time. The statute also authorizes courts to apportion expenses or require advance payment if fairness requires it.
The requesting party has to pay the retaining party a fair portion of the fees and expenses it reasonably incurred in obtaining the expert's facts and opinions.
Limits on Number of Expert Witnesses
Kansas allows multiple expert witnesses, but judges have broad discretion to limit their number if the testimony becomes duplicative, cumulative, or unhelpful.
Out-of-State Expert Qualification
Kansas permits the use of out-of-state experts and imposes no residency or in-state licensure requirement. Kansas courts may exclude experts who lack sufficient qualifications, are unfamiliar with the governing standard of care, or rely on unreliable methodology, but residence, state of licensure, or geographic location alone is not a basis for exclusion.
Rebuttal Experts
Kansas permits the use of rebuttal experts, but their role and timing are regulated by the discovery rules. Under K.S.A. § 60-226(b)(6) and related scheduling provisions, rebuttal experts may be disclosed after an opposing party identifies its experts if the rebuttal testimony is offered solely to contradict or rebut evidence from another expert. Unless the court orders otherwise, Kansas follows the federal timing structure: rebuttal expert disclosures are generally due within 30 days after the other party’s disclosure of its expert opinions. A rebuttal expert’s testimony must be truly responsive to the opposing expert—it cannot be used as a back-door way to add new opinions that could have been disclosed in the initial expert phase. Courts may exclude a rebuttal expert who goes beyond responding to the opponent’s theories, offers cumulative opinions, or introduces new subject matter.
State-Specific Statutes & Local Rules
K.S.A. § 60-226(b)(6): Governs expert discovery and disclosures
K.S.A. § 60-256(e): Affidavit requirements for summary judgment
K.S.A. § 60-456(b): Codifies expert testimony standards
