Penbera Paris


Rule 26 Compliance

Rule 26(a)(2)(B) Disclosures -- The Report

The Federal Rules of Civil Procedure (FRCP) are published in the official U.S. Code in the appendix to Title 28, Judiciary and Judicial Procedure. In all civil actions in federal court, Fed. R. Civ. P. 26(a)(2)(B) requires that certain expert-related material be provided ("disclosed") to the other parties.  The material to be provided by each expert is known as the expert's "report," and it must be disclosed on the proponent's own initiative, without the need for any discovery requests.  Although the district courts have some discretion to adjust the specific requirements of Rule 26 in particular cases, the terms of the rule govern to the extent not modified by judicial order, and most litigants strive to adhere in good faith to the rule's terms, because under Fed. R. Civ. P. 37(c)(1), the sanctions for nondisclosure include prohibition against use of the undisclosed testimony at trial (unless the nondisclosure was "harmless").

What Must the Report Contain?

A  "complete statement of all opinions to be expressed and the basis and reasons therefor"; all “data or other information” that the expert has “considered” in forming his or her opinions; any exhibits to be used as a summary or support for the opinions; the qualifications of the witness, including a list of all publications authored in the last ten years; the compensation to be paid for “the study and the testimony”; and a “listing” of any other “cases” in which the witness has testified as an expert “at trial or by deposition” within the previous four years.

PenberaParis provides a Case Listing by case title and noting plaintiff or defendant representation whenever this Rule is mandated by the FRCP.