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Expert Disclosure Statement Template: Opinions and Basis
EXPERT DISCLOSURE STATEMENT TEMPLATE FAQ
What is an expert disclosure statement?
An expert disclosure statement is a pretrial disclosure used to identify an expert witness and summarize or provide the expert material a party may use at trial under Rules 702, 703, or 705. In U.S. federal civil cases, Rule 26(a)(2) requires disclosure of the expert’s identity and, depending on the type of expert, either a full written report or a shorter summary disclosure.
Why do you need an expert disclosure statement?
You need an expert disclosure statement to formally tell the other side who your expert is, what opinions the expert may offer, and the basis for those opinions. For retained experts and certain employee experts, Rule 26(a)(2)(B) requires a written report with opinions, bases and reasons, facts or data considered, supporting exhibits, qualifications, prior testimony history, and compensation. For experts who do not have to provide a full report, Rule 26(a)(2)(C) still requires the subject matter and a summary of the facts and opinions expected at trial.
When should you use an expert disclosure statement?
Use an expert disclosure statement before trial according to the court’s scheduling order or the applicable rule. In U.S. federal civil cases, if there is no different stipulation or court order, expert disclosures are generally due at least 90 days before trial or the date the case is to be ready for trial, and rebuttal expert disclosures are generally due within 30 days after the other side’s disclosure.
How to write an expert disclosure statement?
Start with the court caption, case number, and the party making the disclosure. Then identify the expert, state whether the expert is providing a full Rule 26(a)(2)(B) report or a Rule 26(a)(2)(C) summary disclosure, and list the expert’s opinions, bases, supporting facts or data, and any exhibits or report attachments. If a full report is required, include the expert’s qualifications, publications from the last 10 years, prior testimony from the last 4 years, and compensation. Rule 26 also requires supplementation when Rule 26(e) applies.
Can AI Lawyer help if counsel, experts, and clients all need to review?
AI Lawyer can help by organizing the disclosure into clear sections so each reviewer can find the expert identity, opinions, bases, and attachments quickly. It can also add internal reference fields, review notes, and placeholders that make revisions easier to track. A consistent structure helps reduce repeated edits and lowers the chance of missing key details like report status, opinion summaries, prior testimony history, or compensation disclosures before the statement is served.
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