Give standard directions to your expert witness, to receive better reports. Use the following legal form: a letter request to your testifying experts who are preparing a report for you, in federal court or in states having rules similar to F.R.Civ.P. 26.
Our tips to you on tactics, for you to use, are in [square brackets]. Of course, in the letter you actually send out to your expert, do NOT include our bracketed tactical tips
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Fellowship is by invitation only, and is limited to 500 trial lawyers in the United States.
Trial lawyers are invited to become Fellows only after an extremely careful vetting process
that includes discreet inquiries of both judges and trial lawyers of high standing..
Please see that your report conforms to the federal Rule 26 requirements. The federal court Rule 26 requirements for an expert=s opinion states in part there must be a written report, prepared and signed by you, which is to be furnished to the other attorneys in the litigation. Your report must contain the following five items:
1. All opinions to be expressed in court and the basis and reasons therefor;
2. The data or other information considered by you in forming the opinions;
3. Any exhibits to be used as a summary of or support for the opinions;
4. Your qualifications, including a list of all publications authored by you within the preceding ten years;
5. The compensation to be paid you for the study and testimony;
6. And a listing of any other cases in which you have testified as an expert at trial or by deposition within the preceding four years.
Federal Rules of Civil Procedure
Rule 16 [excerpt].
* * * * At any pretrial conference, the court may consider and take appropriate action on the following matters:
Rule 26 [excerpt].(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.