Life Just Got Easier for Attorneys Filing a Trust & Estate Fiduciary Litigation Expert Witness Report

February 7th, 2014

Federal Rules of Civil Procedure Rule 26 was revised in 2010 resulting in a favorable environment for attorneys in that now they do not have to worry about discoverable documents such as Expert Witness Report drafts. The attorney no longer has to disclose draft expert witness reports and all communications between the attorney and the expert witness. Many state courts are also adopting a similar arrangement.

Under the new FRCP Rule 26 most communications between the attorney and the expert witness are now protected from discovery under the attorney work product doctrine. In order to be compliant with the new FRCP Rule 26, and to be admitted as evidence, an Expert Witness Report must:

  1. Contain a statement of all opinions to be expressed and the basis and reasons for them
  2. Contain the facts and data considered by the expert witness in forming the opinion.
  3. Any exhibits to be used.
  4. The witness qualifications including a list of all publications authored in the previous 10 years.
  5.  A list of all other cases during the past 4 years where the expert witness testified as an expert at the trial or by deposition.
  6. A statement of compensation to be paid to the expert witness.


Contact John Rodgers & Associates (, [email protected], 704-618-8062 ) for fiduciary litigation consulting and expert witness services concerning litigation matters for trusts, estates and investment management .We are fully compliant with the new above stated requirements of FRCP Rule 26. Take advantage of the recent FRCP Rule 26 changes to assist your clients trust, estate and investment management litigation efforts.

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