Courts may limit the number of experts testifying on the same issue under Rule 403 and case management authority. Multiple experts offering substantially the same opinion add time without adding information.
Limits are frequently set in the scheduling order.
Alternative Names:
Duplicative Experts, Cumulative Experts
Why it Matters?
Designating multiple experts on one issue invites a limitation motion and can backfire if the court forces an election after disclosure, since the excluded expert's report remains available to the opposing party for impeachment of the retained one. Where experts differ in emphasis, articulating the distinct contribution of each in the disclosure preempts the challenge. Scheduling orders capping experts per issue are increasingly common.
Frequently Confused with
Related terms
Frequently asked questions
What is the risk of designating multiple experts on one issue?
How is the challenge preempted?
