The rule requires identifying each testifying expert, accompanied by a written report for retained experts and a summary disclosure for non-retained experts. Reports must state all opinions and their bases, facts considered, exhibits, qualifications, prior testimony, and compensation.
Timing follows the scheduling order.
Alternative Names:
Expert Disclosure, Rule 26 Expert Disclosure
Why it Matters?
The all opinions requirement is what limits trial testimony, since courts exclude opinions not disclosed in the report. Experts who develop new opinions after the report must supplement or forfeit them. The prior testimony list is separately useful in the other direction, providing the roadmap for obtaining transcripts of the expert's testimony in other matters where they may have taken inconsistent positions.
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Related terms
Frequently asked questions
What limits trial testimony?
Why does the prior testimony list matter?
