EVIDENCE: Provides relative to expert witness fees

HLS 26RS-1352 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 437
BY REPRESENTATIVES MELERINE AND BERAULT
EVIDENCE: Provides relative to expert witness fees
1 AN ACT
2 To amend and reenact Code of Civil Procedure Article 1425(B) and to enact Code of
3 Evidence Article 702(C) and (D), relative to expert witnesses; to provide relative to
4 qualifying a witness as an expert; to provide for definitions; to provide for disclosure
5 of pecuniary interest; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Evidence Article 702(C) and (D) are hereby enacted to read as
8 follows:
9 Art. 702. Testimony by experts
10 * * *
11 C. Except in criminal court, traffic court, or juvenile proceedings, a witness
12 with a pecuniary interest in the outcome of the case shall not be qualified as an
13 expert.
14 D. (1) "Pecuniary interest" means any compensation from or relating to a
15 settlement or an award of damages, engagement to provide goods or services
16 connected to an award or settlement, or any financial benefit from or relating to the
17 testimony besides the compensation to be paid for the study and testimony disclosed
18 in a report under Code of Civil Procedure Article 1425(B).
19 (2) Pecuniary interest does not extend to any of the following:
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CODING: Words in struck through type are deletions from existing law; words underscored
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HLS 26RS-1352 REENGROSSED
HB NO. 437
1 (a) Past or present employment of a party.
2 (b) Ownership of one percent or less of an entity with a financial interest in
3 the matter.
4 (c) The provision of services by a healthcare professional that is the treating
5 physician of a party.
6 Section 2. Code of Civil Procedure Article 1425(B) is hereby amended and
7 reenacted to read as follows:
8 Art. 1425. Experts; pretrial disclosures; scope of discovery
9 * * *
10 B. Upon contradictory motion of any party or on the court's own motion, an
11 order may be entered requiring that each party that has retained or specially
12 employed a person to provide expert testimony in the case or whose duties as an
13 employee of the party regularly involve giving expert testimony provide a written
14 report prepared and signed by the witness. The report shall contain a complete
15 statement of all opinions to be expressed and the basis and reasons therefor and the
16 data or other information considered by the witness in forming the opinions. The
17 parties, upon agreement, or if ordered by the court, shall include in the report any or
18 all of the following:
19 (1) exhibits Exhibits to be used as a summary of or support for the opinions;.
20 (2) the The qualifications of the witness, including a list of all publications
21 authored by the witness within the preceding ten years;.
22 (3) the The compensation to be paid for the study and testimony;.
23 (4) The disclosure of past cases in which the witness held a pecuniary
24 interest, as defined in Code of Evidence Article 702(D), in the outcome of the case
25 including the name of the case and the nature and value of the compensation.
26 (5) a A listing of any other cases in which the witness has testified as an
27 expert at trial or by deposition within the preceding four years.
28 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1352 REENGROSSED
HB NO. 437
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 437 Reengrossed 2026 Regular Session Melerine
Abstract: Provides relative to an expert witness' pecuniary interest in a case.
Proposed law (C.E. Art. 702(C)) provides that except in criminal, traffic, or juvenile
Abstract: Provides relative to an expert witness' pecuniary interest in a case.
Proposed law (C.E. Art. 702(C)) provides that except in criminal court, traffic court, or
juvenile proceedings, a witness with a pecuniary interest in the outcome of the case is
prohibited from being qualified as an expert.
Proposed law (C.E. Art. 702(D)) defines "pecuniary interest".
Present law (C.C.P. Art. 1425(B)) provides that upon contradictory motion or on the court's
own motion, an order may be entered requiring each party that has retained an expert witness
to provide a written report prepared and signed by the witnesses.
Present law requires the parties, upon agreement, or if ordered by the court, to include
certain provisions in the report.
Proposed law retains present law and adds the disclosure of past cases in which the witness
held a pecuniary interest in the outcome of the case including the name of the case and the
nature and value of the compensation.
(Amends C.C.P. Art. 1425(B); Adds C.E. Art. 702(C) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Specify that proposed law does not apply to criminal, traffic, or juvenile
proceedings.
The House Floor Amendments to the engrossed bill:
1. Provide exceptions to the definition of "pecuniary interest".
2. Specify that pecuniary interest relates to a settlement or an award of damages.
3. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.