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Federal Rule 26 Expert Witness Disclosures: A Primer

Because expert testimony is so important in product liability litigation, disclosure is essential. Failure to comply with the rules governing disclosure can be fatal. A Rule 26 report disclosing proposed opinion testimony must meet specific and substantial criteria. Fed. R. Civ. P. 26(a)(2)(b). The report must contain, <i>inter alia</i>: 1) a complete statement of all opinions to be expressed and the basis or reasons therefor, and 2) the data or other information considered by the witness in forming the opinions. Fed. R. Civ. P. 26(a)(2)(B), <i>Tompkin v. Phillip Morris</i>, 362 F.3d 882, 895 (2004), <i>Brainard v. American Skandia Life Ins. Sopr.</i>, 2005 WL 3533545 (6th Cir. 2005).

24 minute read August 31, 2006 at 10:17 AM
By
John L. Tate and Erin C. Dougherty
Federal Rule 26 Expert Witness Disclosures: A Primer

Because expert testimony is so important in product liability litigation, disclosure is essential. Failure to comply with the rules governing disclosure can be fatal. A Rule 26 report disclosing proposed opinion testimony must meet specific and substantial criteria.

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