The Subrogation Strategist

On April 7, 2026, the Governor of Kansas signed a new law, 2025 Kan. SB 36, that amends and repeals K.S.A. 60-465. K.S.A. 60-465 addresses the rules of evidence related to the admissibility of testimony from lay and expert witnesses. As amended, lay witness opinions must be helpful to clearly understanding the testimony of the witness or determining a fact in issue. The former statute required a lay witness to provide an opinion helpful to a “clearer” understanding of the testimony of the witness.

With respect to experts, a witness who qualifies as an expert based on knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that the: 1) expert’s knowledge will help the trier of fact to understand the evidence or determine a fact in issue; 2) the testimony is based on sufficient facts or data; 3) the testimony is the product of reliable principles and methods; and 4) expert’s opinion reflects a reliable application of the principles and methods to the facts of the case. The former statute did not impose a “more likely than not” standard but there was still a requirement that the proponent of expert testimony show that testimony of its expert was admissible. Smart v. BNSF Ry. Co., 369 P.3d 966 (Kan. Ct. App. 2016). In addition, although the former statute required that the witness reliably apply the principles and methods to the facts of the case, the wording on reliability now requires that the opinion reflect a reliable application of the principles and methods to the facts of the case. Subrogation professionals practicing in Kansas should be aware of the new law. 

The new law takes effect after its publication in the statute book.