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

 

On August 21, 2020, the Texas Supreme Court amended several Rules of Civil Procedure (sometimes referred to as the “Rules” or as a “Rule”). Following public comment, the Court made revisions to those rules and also revised other rules for consistency. The amendments apply to cases filed on or after January 1, 2021, except for those filed in justice court. The prior versions of the rules amended by this Order continue to govern procedures and limitations in cases filed before January 1, 2021.
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.

The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. For more information or questions you can contact us and one of our attorneys will be in touch soon.