Rebuttal experts address the same subject matter as an opposing expert's disclosure, contradicting or limiting those opinions. Federal practice permits rebuttal disclosure within thirty days of the opposing disclosure absent a different schedule.
Rebuttal must respond rather than raise new affirmative theories.
Alternative Names:
Rebuttal Witness (Expert), Responsive Expert
Why it Matters?
The scope limitation is enforced, and rebuttal reports advancing affirmative opinions on issues the opposing expert did not address are struck as untimely affirmative disclosures. That matters for a defendant that failed to designate on an issue and attempts to cure through rebuttal. Framing every rebuttal opinion as responsive to specific opposing opinions, with citations, protects against the challenge.
Frequently Confused with
Related terms
Frequently asked questions
What may a rebuttal expert address?
How is the scope challenge avoided?
