HB239 Alabama 2011 Session

Summary

Primary Sponsor

Steve McMillan

Republican

Session

Regular Session 2011

Title

Civil procedure, admissibility of expert testimony further provided for

Summary

HB239 would require Alabama courts to use the Daubert standard for admitting expert testimony in most civil and criminal cases, with an exemption for Medical Liability Act cases.

What This Bill Does

It adopts the Daubert standard for admissibility of expert evidence in all civil and criminal actions. To be admissible, expert testimony must be based on sufficient facts or data, come from reliable principles and methods, and be reliably applied to the facts of the case. The Medical Liability Act of 1987 and its interpretations are not changed by this bill. The new rules apply to proceedings commenced after the act's effective date and, as practicable, to proceedings then pending.

Who It Affects

• Expert witnesses: must meet Daubert criteria (facts/data, reliable methods, and reliable application) to testify.
• Parties and attorneys in civil and criminal cases: face the Daubert standard for admitting expert evidence.
• Medical liability cases: exempt from this change and continue under existing Medical Liability Act provisions.

Key Provisions

• Section 1 establishes the Daubert-based criteria for admitting expert testimony: sufficient facts/data, reliable principles/methods, and reliable application to the facts.
• Section 2 preserves the Medical Liability Act of 1987 and its interpretations unchanged.
• Section 3 states the act applies to proceedings commenced after the effective date and, as practicable, to pending proceedings.
• Section 4 makes the act effective immediately after passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure