chapter  4
8 Pages

General Legal Principles

Rule 26, entitled General Provisions Governing Discovery, provides that the duty of disclosure affects the discovery of experts by mandated disclosure without a formal discovery request. It also requires everyone, either hired as an expert witness or employed to regularly provide expert testimony, to produce a report. Except as otherwise directed by the court, each party must serve a complete written report signed by the expert containing

• A complete statement of all opinions and the basis and reasons • The data or other information considered by the witness in

forming the opinion • Any exhibits to be used to summarize or support the opinions • The qualifications of the witness, including all publications

authored by the witness within the past 10 years • The compensation to be paid • A list of all cases in which the witnesses testified during the

preceding 4 years Rule 26(a)(1) The parties submit initial disclosure statements and have a continual duty to supplement their disclosures. The disclosures are to provide the case or defense to the adverse party to prevent any surprises at trial.