Rule 26(e) requires supplementing an expert report where it is materially incomplete or incorrect. Supplementation corrects or completes rather than providing a vehicle for new opinions developed after the deadline.
Supplements are due by the pretrial disclosure deadline.
Alternative Names:
Supplemental Report, Expert Supplementation
Why it Matters?
Courts distinguish genuine supplementation from untimely new opinion, and reports characterized as supplements that advance different theories are struck. Legitimate supplementation follows newly produced documents, deposition testimony postdating the report, or correction of an error. Documenting what prompted the supplement, and when that information became available, is what supports the characterization.
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Related terms
Frequently asked questions
What distinguishes supplementation from a new opinion?
What supports a legitimate supplement?
