The Expert Witnesses Committee’s focus is to:

1. Provide continuing education to litigators regarding expert witnesses including retaining experts, preparing expert reports, preparing expert testimony, and examining expert witnesses in depositions and at trial;
2. Explore best practices designed to determine the qualifications, scope, and proper parameters for expert witness testimony; and
3. Promote networking opportunities for litigators and expert witnesses in commonly encountered substantive areas, such as accounting, engineering, and science.

Do you have an article idea for the Expert Witnesses Annual Review? The editors are currently accepting article submissions for the 2010 edition.  Submit your ideas to Wendy Couture, and John Strasburger, by November 23, 2009. If your idea is selected, your 2,000-word article will be due by January 1, 2010. 

When a party decides not to use a previously designated expert, may the adverse party call that expert to testify or introduce that expert’s report or opinions? The answers are complicated, as explained in this article first published by the Pretrial Practice Committee.

In an August 2009 decision, Judge Robinson of the United States District Court for the District of Delaware, granted a motion to exclude the plaintiffs’ expert testimony on the grounds that, while the expert employed a reasonable methodology,..

The Judicial Conference has proposed significant amendments to Federal Rule of Civil Procedure 26. Among other things, the proposed amendments would:

• Create a obligation to disclose a summary of the facts and opinions of experts who are not required to provide written reports under Rule 26(a)(2)(B); and
• Extend work-product protection to drafts of Rule 26(a)(2)(B) expert reports and to most attorney-expert communications.

The Expert Witnesses Committee has been will be tracking the comments and modifications to the proposed amendments. Visit often for information regarding the important upcoming changes to Rule 26.

The 2009 Annual Review is now available.

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