Disclosure of Expert Testimony

On the topic of discovery within the subject of Civil Procedure, there are 3 types of disclosure that you should know very well for the MBE.  Each can get a bit involved since there are general rules and exceptions to the general rules for each of them. The 3 types are initial disclosure, disclosure of expert testimony, and pretrial disclosure. This post will focus on an often-tested type of required disclosure: disclosure of expert testimony.

Disclosure of expert testimony is required. Specifically, a party must disclose to other parties the identities of expert witnesses expected to be used at trial.  As part of this disclosure, a report is generally required and the the report must be prepared by and signed by each expert witness stating his/her qualifications as well as the opinions that the expert intends to express and the basis for those opinions.

This disclosure must be made either at the time directed by the court or if no time is directed by the court (and if there is no stipulations among the parties) at least 90 days prior to trial.  There is, however, one exception to note regarding the time requirement: if the evidence to be presented by the expert is intended solely to rebut another party's disclosure of expert testimony, then it must be made within 30 days after disclosure of the evidence being rebutted.