What is Required of an Expert Report Written for Federal Court?



REVISED RULE 26 - FEDERAL RULES OF CIVIL PROCEDURE
& RULE 16 - FEDERAL RULE OF CRIMINAL PROCEDURE
(Effective: December 1, 1993)

(a) MANDATORY DISCLOSURE
  1. Except to the extent otherwise stipulated or directed by order or local rule, a party shall, without waiting a discovery request, provide to other parties:
    1. name, address & phone number of each individual likely to have discoverable information relevant to disputed facts alleged...in the pleading, identifying the subjects of the information;
    2. a copy of, or a description by category and location of, all documents, data compilations, and tangible things in the possession, custody, or control of the party that are relevant to disputed facts....
    3. a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and
    4. insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

      Unless otherwise stipulated or directed by the court, these disclosures shall be made at or within 10 days after the meeting of the parties under subdivision (f) [e.g., as soon as practicable and... at least 14 days before a scheduling conference is held or scheduling order is due under Rule 16(b)], ...to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by subdivision (a)(1), and to develop a proposed discovery plan.



  2. Disclosure of Expert Testimony
    1. In addition to the disclosures required by paragraph (1), a party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence.
    2. Except as otherwise stipulated or directed by the court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by:
      • A written report prepared and signed by the witness, containing a complete statement of all opinions to be expressed and the basis and reasons therefor;
      • The data or other information considered by the witness in forming the opinions;
      • Any exhibits to be used by as a summary of or support for the opinions;
      • The qualifications of the witness, including a list of all publications authored by the witness within the past 10 years;
      • The compensation to be paid for the study and testimony;
      • A list of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.
  3. These disclosures shall be made...as directed by the court. Or... at least 90 days before trial, or if in rebuttal to a (2)(B) report of another party, within 30 days of disclosure by the other party.