Required Expert Disclosures Under the New Rules of Civil Procedure
RICHARD A. SIMMONS
rsimmons@ws-law.com
Waldron & Schneider
15150 Middlebrook Drive
Houston, Texas 77058
(281) 488-4438
www.ws-law.com
The required expert disclosures under the new rules differ from the prior request for disclosures. In addition to the initial disclosures required by Rule 194.2, a party must disclose to the other parties testifying expert information as provided by Rule 195. The required expert disclosures under the new rules differ from the prior request for disclosures. In addition to the initial disclosures required by Rule 194.2, a party must disclose to the other parties testifying expert information as provided by Rule 195.
A. Rule 195.2 Schedule for Designating Experts. Unless otherwise ordered by the court, a party must designate experts – that is, furnish information described in Rule 195.5(a) – by the following dates:
(1) with regard to all experts testifying for a party seeking affirmative relief, 90 days before the end of the discovery period;
(2) with regard to all other experts, 60 days before the end of the discovery period.
B. Rule 195.5 Expert Disclosures and Reports. There are more requirements now!Disclosures. Without awaiting a discovery request, a party must provide the following for any testifying expert:
(1) the expert’s name, address, and telephone number;
(2) the subject matter on which the expert will testify;
(3) the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information;
(4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party:
(A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony;
(B) the expert’s current resume and bibliography;
(C) the expert’s qualifications, including a list of all publications authored in the previous 10 years;
(D) except when the expert is the responding party’s attorney and is testifying to attorney fees, a list of all other cases in which, during the previous four years, the expert testified as an expert at trial or by deposition; and
(E) a statement of the compensation to be paid for the expert’s study and testimony in the case.
C. Rule 195.6 Amendment and Supplementation.A party’s duty to amend and supplement written discovery regarding a testifying expert is governed by Rule 193.5. If an expert witness is retained by, employed by, or otherwise under the control of a party, that party must also amend or supplement any deposition testimony or written report by the expert, but only with regard to the expert’s mental impressions or opinions and the basis for them.
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Throw back Thursday. In 1998, the attorneys and staff of Waldron & Schneider broke ground at the current location.
I remember that! Loved working there ❤️
I've never seen this before!
Makes me sad. But love it
Randy and Robbye ❤️
Oh wow!
Partner Kimberly Bartley writes about why a business may need a risk assessment policy in her blog.
Why do I need a Risk Assessment Policy?
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Risk Assessment Policies are a great tool to help business define areas of risk or vulnerability, both to their staff and customers.Partner Richard Simmons with his wife Jennifer and State Rep. Dennis Paul at the Space Center Rotary LEAP awards
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Associate Attorney Shawn Williamson and his wife Kim Williamson attended the Economic Alliance Houston Port Region Annual Membership Banquet with Royal Harbor Partners Wealth Management Firm. The Economic Alliance brings together the industries main players and members of the Economic Alliance. Waldron and Schneider was honored represent the firm and it's commitment to the local economy and its businesses, small and large.