Pleadings and Motions

Discovery Motions

Motion to Strike Expert

Motion to Strike Expert

Motion to Strike Expert

Motions to strike expert testimony proceed on Rule 702 admissibility grounds, on disclosure violations under Rule 37(c)(1), or on scope grounds where testimony exceeds the disclosed opinions.

Timing follows the scheduling order or local practice.

Alternative Names:

Motion to Exclude Expert, Expert Exclusion Motion

Why it Matters?

Disclosure-based exclusion is frequently easier than a Rule 702 challenge, since untimely or incomplete disclosure produces automatic exclusion unless substantially justified or harmless, without requiring the court to evaluate methodology. Comparing the report against the disclosure requirements and the scheduling order deadlines identifies those grounds. Pursuing both routes in one motion covers the alternatives.

Frequently asked questions

Why is disclosure-based exclusion easier?

Should both grounds be raised?