Stites & Harbison, PLLC

This Chapter is excerpted from Litigators on Experts

"Expert Reports"

I.  Introduction

If a party has retained or employed an individual who is expected to testify as an expert witness pursuant to Federal Rule of Evidence 702, Federal Rule of Civil Procedure 26 mandates that a pretrial disclosure be made in the form of a written report  signed and prepared by the witness.   The requirements of Rule 26(a) are mandatory and self-executing.   This subchapter provides an overview of Rule 26(a), explains the rule’s background of this rule, summarizes the penalties for failing to disclose an expert report, discusses which witnesses are required to produce a report, details the report’s content, and outlines the obligation to supplement.

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John L. Tate is a Member in the Louisville office and is co-chair of the firm's Torts & Insurance Practice Group.  John's national and regional litigation practice focuses on defending complex product liability lawsuits, but his trial experience also includes admiralty claims, construction and insurance disputes, intellectual property, and a variety of personal injury matters.

Clark C. Johnson is a Member in the Louisville office and a member of the Business Litigation Service Group where his practice focuses on class action litigation.

Michael K. Kim is an Associate in the Alexandria office and a member of the Business Litigation Service Group and Class Action Practice Group.