Rule 6-5 Expert Witnesses
Article 6. Discovery
Rule Text
(a) Timely Designation of Expert Witness. A party who desires to use the testimony of an expert witness shall designate the expert sufficiently early in the discovery period to permit the opposing party the opportunity to depose the expert and, if desired, to name his or her own expert witness sufficiently in advance of the close of discovery so that a similar discovery deposition of the second expert may also be conducted prior to the close of discovery. A party who does not comply with this section shall not be permitted to offer the testimony of his or her expert, unless otherwise ordered by the Court.
(b) Procedures. Each party shall attempt to agree on procedures that will govern expert discovery, including limits on the number of experts, the number of expert depositions, or both. In the absence of agreement, the Case Management Report should list each party's respective position on expert discovery. The parties may elect to exchange disclosures only, or they may elect to exchange reports in addition to or instead of disclosures. The procedures for expert witnesses may include the following:
(1) Expert Reports. If the parties agree to exchange expert reports, then the parties should further agree that the name of each expert, the subject matter the expert is expected to testify about, and the expert's qualifications be exchanged 30 days prior to the date of service of the expert report.
(2) Timing and Manner of Disclosure. If the parties agree not to exchange expert reports, then they shall agree on a schedule for the exchange of expert information in the form of interrogatory responses. In the absence of such an agreement, the Court shall establish a sequence for the exchange of expert information in the Case Management Order.
(3) Facts and Data Considered by the Expert Witness. The parties shall attempt to agree on when they will provide a copy of previously unproduced material that an expert witness considers in forming his or her opinion.
(c) Expert Depositions. Unless the parties agree otherwise, each expert witness may be deposed by a party adverse to the party designating the expert. The expert witness shall only be subject to a single deposition at which all adverse parties may appear.