Expert Disclosure

Deciding what the disclosure needs from the expert

Expert disclosure is a joint deliverable. The expert supplies the report, qualifications, and case-specific information the governing framework calls for; counsel controls the form, timing, and filing. Settle early which forum's framework applies, because the content of a retained expert's disclosure differs between federal court and the state courts, and there is no universal deadline.

Who supplies what

Federal and state forums

In trial-track federal court engagements, retained expert witnesses typically provide a detailed written report under the Federal Rules of Civil Procedure: a complete statement of all opinions and the basis and reasons for them, the facts or data considered, any exhibits, the witness's qualifications including publications authored in the preceding ten years, a list of cases in which the witness testified as an expert during the preceding four years, and a statement of compensation.

State courts adopt their own frameworks. Some track a federal-style comprehensive report; others use an interrogatory-driven disclosure that supplies identity, subject matter, opinions, and grounds; a few use distinctive frameworks of their own, and some distinguish retained or controlled experts from other witnesses and scale the disclosure by category. Timing and supplementation duties also vary. Practice notes for each jurisdiction are in the state-by-state directory, with an overview in the disclosure guide; counsel confirms the governing rule against primary sources.

No universal deadline

Expert disclosure timing is typically set by the scheduling order or case management order in the case, and scope and timing can differ between a state trial court and the federal district court in the same city. Send the operative order with the engagement so the report and the disclosure package are delivered to the dates that govern. KWVRS does not provide legal advice.