Federal Rules of Civil Procedure
Rule 26.
(2) Disclosure of Expert Testimony.
(A) In addition to the disclosures required by paragraph (1), a
party shall disclose to other parties the identity of any person who may be used
at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules
of Evidence.
(B) Except as otherwise stipulated or directed by the court,
this disclosure shall, with respect to a witness who is retained or specially
employed to provide expert testimony in the case or whose duties as an employee
of the party regularly involve giving expert testimony, be accompanied by a
written report prepared and signed by the witness. The report shall contain a
complete statement of all opinions to be expressed and the basis and reasons
therefor; the data or other information considered by the witness in forming the
opinions; any exhibits to be used as a summary of or support for the opinions;
the qualifications of the witness, including a list of all publications
authored by the witness within the preceding ten years; the compensation to be
paid for the study and testimony; and a listing of any other cases in which the
witness has testified as an expert at trial or by deposition within the
preceding four years.
(C) These disclosures shall be made at the times and in the
sequence directed by the court. In the absence of other directions from the
court or stipulation by the parties, the disclosures shall be made at least 90
days before the trial date or the date the case is to be ready for trial or, if
the evidence is intended solely to contradict or rebut evidence on the same
subject matter identified by another party under paragraph (2)(B), within 30
days after the disclosure made by the other party. The parties shall supplement
these disclosures when required under subdivision (e)(1).
* * * *
(4) Trial Preparation: Experts.
(A) A party may depose any person who has been identified as an
expert whose opinions may be presented at trial. If a report from the expert
is required under subdivision (a)(2)(B), the deposition shall not be conducted
until after the report is provided.
(B) A party may, through interrogatories or by deposition,
discover facts known or opinions held by an expert who has been retained or
specially employed by another party in anticipation of litigation or preparation
for trial and who is not expected to be called as a witness at trial, only as
provided in Rule 35(b) or upon a showing of exceptional circumstances under
which it is impracticable for the party seeking discovery to obtain facts or
opinions on the same subject by other means.
(C) Unless manifest injustice would result, (i) the court
shall require that the party seeking discovery pay the expert a reasonable fee
for time spent in responding to discovery under this subdivision; and (ii)
with respect to discovery obtained under subdivision (b)(4)(B) of this rule the
court shall require the party seeking discovery to pay the other party a fair
portion of the fees and expenses reasonably incurred by the latter party in
obtaining facts and opinions from the expert.
[Emphasis supplied.]
