A retained expert is retained or specially employed to provide testimony, or whose duties as an employee regularly involve giving expert testimony. Rule 26(a)(2)(B) requires a written report signed by the expert.
The report requirements are extensive.
Alternative Names:
Retained Testifying Expert, Specially Employed Expert
Why it Matters?
The retained designation triggers the full report obligation covering opinions, bases, facts considered, exhibits, qualifications, prior testimony, and compensation, which is substantially more than non-retained experts must provide. Employees whose duties regularly involve testimony fall into this category even without a retention agreement, which surprises organizations that treat in-house engineers or physicians as fact witnesses.
Frequently Confused with
Related terms
Frequently asked questions
Who counts as a retained expert?
What does the report require?
