Discovery involving expert witnesses presents discrete issues; since the discovery occurs so close to the trial date, a mistake can be fatal – to your case.

The Template demand includes a request for all discoverable reports and writings; this means whatever documentation the expert prepared or relied upon.

The Template designation provides the standard disclosure of the disclosing party’s retained experts, as well as a disclosure of non-retained experts, who may be the plaintiff’s treating physicians who it was anticipated would not be disclosed by the plaintiff (perhaps because of something in the records, or something he/she testified to in deposition). The Template also include all possible reservations of the designating party’s rights, including the often omitted reservation of the right to call at trial another party’s expert, even if that party settles before trial.

The supporting declaration in the collection includes a description of the subject matter and substance of testimony which was either written or approved by an expert of the relevant specialty so as to be neither too narrow nor overly broad.

The collection includes a motion for leave to amend or augment the designation and a motion for leave to submit a tardy designation, with the arguments that might be asserted by the party seeking leave to call at trial an expert not previously disclosed.