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Appendix 3.
Pre-trial Order to Eliminate Waste
 of Time and Expense.

It is ORDERED THAT:

Plaintiffs must designate and provide reports from their experts by the date of ____

Defendants must designate and provide reports from their experts by the date of ____

Experts not providing reports in compliance with this paragraph will not be permitted to testify absent a showing of good cause. This designation by a party is not a substitute for any required discovery disclosure or interrogatory response or supplementation.

All Daubert style challenges and objections to admission of an expert’s opinions must be made:

• (1) 30 days after receipt of the expert’s report from the opposing party or 30 days after the expert’s deposition, whichever occurs later, but
• (2) in no event not later than 30 days before trial.

Absent good cause for the delay, challenges and objections not made within the above time limitations will be waived and Daubert style challenges and objections to testimony will not be heard or allowed.

The absence of a pre-trial challenge or objection to the expert’s opinion, or the waiver by the opponent of the challenge or objection does not prevent the proponent of the testimony from either (1) laying a foundation for the expert’s opinion at trial or (2) serving and filing a pre-trial submission of appropriate brief, affidavits, or other materials for the court to consider before trial or at trial, pursuant to Rule 104, in making its determination of admissibility at the trial. If no objection to the expert’s opinion is made at trial and no ruling is made by this Court at trial, it is ordered that this Court in performing its gatekeeper functions will have considered those pre-trial submissions and will have ruled for admissibility of the opinion.    

Back to the Table of Contents of the Daubert Article.