Rule 26(a)(2)(B)(ii) requires the report to disclose the facts or data considered by the expert. The standard is considered rather than relied upon, so material reviewed and rejected must still be disclosed.
The list is a standard subject of expert deposition.
Alternative Names:
Considered Materials, Facts or Data Considered
Why it Matters?
The considered standard is broader than relied upon, which means an expert who reviewed unfavorable material and set it aside must still disclose it, and the omission is a productive line of examination. Comparing what was provided to the expert against what appears on the list identifies gaps. Where counsel provided material selectively, that selection is itself discoverable under the facts or data exception to communication protection.
Frequently Confused with
Related terms
Frequently asked questions
Does the disclosure cover material the expert rejected?
What does comparing provided material to the list reveal?
