Expert Depositions and Trial Disclosures:
What Every Litigator Needs to Know
The consequences of failing to understand disclosure issues for experts are severe. In federal cases, counsel needs to be aware of the supplementation requirements. Failure to timely supplement an expert report can lead to inadmissible testimony by the expert.Â
The pretrial process requires an eye toward the future. Trial work is not limited to just knowing the applicable Rules of Evidence. The applicable Rules of Civil Procedure play an equally important, if not greater, role in helping to define what will happen at trial.
Abstract:
Expert disclosures in litigation are vitally important for trial testimony and planning for trial. Arizona law permits expert deposition testimony to expand on the topics and/ or opinions set forth in a disclosure statement. Conversely, supplementation for an expert’s report in federal court is more limited for deposition testimony, and likewise requires a timely written disclosure based on the deposition testimony. Failure to appreciate these issues can lead to unanticipated surprises at trial.