Rule 26-1 Discovery and Trial Testimony from Expert Witnesses
Rule Text
(a) Payment for Expert Witness Depositions.
(1) Unless the parties have agreed to other arrangements in writing, responsibility for compensating expert witnesses shall be according to Rule 26(b)(4)(E).
(2) Unless otherwise ordered by the court, a proposed bill for the expert’s charges must be provided to the party seeking discovery a reasonable period of time prior to the deposition. If the deposing party objects to the charges, prompt application shall be made to the court to obtain a ruling on their reasonableness before the deposition.
(3) If an expert demands payment in advance of the deposition date, absent an agreement of the parties on other arrangements, the party seeking discovery must advance or otherwise secure such sums.
(b) Testimony and the Expert’s Written Report/Deposition. The testimony of an expert witness at trial shall be limited to:
(1) the opinions disclosed in any written report or supplemental report permitted under Rule 26(a)(2); and
(2) any additional opinions elicited from the expert at a deposition.