Rule 1042.28 Defendant’s Request to Plaintiff for Production of Expert Reports. Response

If someone sues you for professional negligence, you can ask them to hand over the expert reports that support their case. This request is called a "Defendant's Request to Plaintiff for Production of Expert Reports." There's a specific form you need to use, which is set out in Rule 1042.36.

You can't send this request right away, though. You have to wait until at least 90 days have passed since you filed your original answer to the plaintiff's complaint. This waiting period gives the plaintiff time to gather their expert evidence before you ask them to produce it.

This rule matters because expert reports are often the backbone of professional negligence cases, like medical malpractice or legal malpractice claims. By requesting these reports, a defendant can see what evidence the plaintiff has to support their claims and prepare a proper defense.