MBE Rules · Civil Procedure
Rule 26(a)(2) — expert disclosures
FRCP 26(a)(2)
The rule
A party must disclose the identity of any expert witness it may use at trial. Retained experts must provide a written report containing all opinions, the bases and data considered, exhibits, qualifications, prior testimony, and compensation. Absent court order, disclosures are due 90 days before trial; rebuttal experts, 30 days after the other side's disclosure.
In plain English
Expert witness identity and reports must be teed up well before trial. Failure to disclose triggers Rule 37(c)(1) automatic exclusion unless substantially justified or harmless.
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