EXPERT WITNESS DISCLOSURE

Pursuant to Federal Rule of Civil Procedure 26(a)(2)

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CASE INFORMATION

Case Caption:
[________________________________]
Plaintiff(s),

v.

[________________________________]
Defendant(s).

Case Number: [________________________________]

Court: [________________________________]

Judge: Hon. [________________________________]

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DISCLOSURE INFORMATION

Disclosing Party: ☐ Plaintiff(s) / ☐ Defendant(s) [________________________________]

Disclosure Type:
☐ Initial Expert Disclosure (FRCP 26(a)(2)(D)(i) - at least 90 days before trial)
☐ Rebuttal Expert Disclosure (FRCP 26(a)(2)(D)(ii) - within 30 days of other party's disclosure)
☐ Supplemental Disclosure (FRCP 26(e))

Disclosure Date: [__/__/____]

Trial Date: [__/__/____]

Discovery Deadline: [__/__/____]

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PART I: RETAINED/SPECIALLY EMPLOYED EXPERT WITNESSES

[FRCP 26(a)(2)(B) Disclosure - Full Written Report Required]

The following experts have been retained or specially employed to provide expert testimony in this case. Pursuant to FRCP 26(a)(2)(B), a written report prepared and signed by each expert is attached.

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EXPERT WITNESS NO. 1

A. Expert Identification [FRCP 26(a)(2)(A)]

Name: [________________________________]

Professional Title: [________________________________]

Credentials: [________________________________]

Current Employer/Affiliation: [________________________________]

Business Address:
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Email: [________________________________]

B. Subject Matter of Expected Testimony

This expert is expected to testify under Federal Rules of Evidence 702, 703, and/or 705 regarding the following subject matters:

1. [________________________________]
2. [________________________________]
3. [________________________________]

C. Written Report [FRCP 26(a)(2)(B)]

☐ Written expert report is attached as Exhibit [____]

The attached report contains the following required elements:

☐ (i) A complete statement of all opinions the witness will express and the basis and reasons for them

☐ (ii) The facts or data considered by the witness in forming them

☐ (iii) Any exhibits that will be used to summarize or support them

☐ (iv) The witness's qualifications, including a list of all publications authored in the previous 10 years

☐ (v) A list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition

☐ (vi) A statement of the compensation to be paid for the study and testimony in the case

D. Summary of Opinions

[Provide a brief summary of the expert's anticipated opinions:]

1. [________________________________]

2. [________________________________]

3. [________________________________]

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EXPERT WITNESS NO. 2

A. Expert Identification [FRCP 26(a)(2)(A)]

Name: [________________________________]

Professional Title: [________________________________]

Credentials: [________________________________]

Current Employer/Affiliation: [________________________________]

Business Address:
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Email: [________________________________]

B. Subject Matter of Expected Testimony

This expert is expected to testify under Federal Rules of Evidence 702, 703, and/or 705 regarding the following subject matters:

1. [________________________________]
2. [________________________________]
3. [________________________________]

C. Written Report [FRCP 26(a)(2)(B)]

☐ Written expert report is attached as Exhibit [____]

The attached report contains all required elements under FRCP 26(a)(2)(B)(i)-(vi).

D. Summary of Opinions

[Provide a brief summary of the expert's anticipated opinions:]

1. [________________________________]

2. [________________________________]

3. [________________________________]

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EXPERT WITNESS NO. 3

[Repeat format as needed for additional retained experts]

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PART II: NON-RETAINED EXPERT WITNESSES

[FRCP 26(a)(2)(C) Disclosure - Summary Required, No Full Report]

The following witnesses are expected to provide expert testimony but were not retained or specially employed as expert witnesses. Pursuant to FRCP 26(a)(2)(C), a summary of facts and opinions is provided in lieu of a full written report.

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NON-RETAINED EXPERT WITNESS NO. 1

A. Expert Identification [FRCP 26(a)(2)(A)]

Name: [________________________________]

Professional Title: [________________________________]

Credentials: [________________________________]

Current Employer/Affiliation: [________________________________]

Business Address:
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Relationship to Case:
☐ Treating physician
☐ Investigating officer
☐ Employee of party with relevant expertise
☐ Other: [________________________________]

B. Subject Matter of Expected Testimony [FRCP 26(a)(2)(C)(i)]

This witness is expected to present evidence under Federal Rules of Evidence 702, 703, or 705 regarding the following subject matter:

[________________________________]
[________________________________]
[________________________________]

C. Summary of Facts and Opinions [FRCP 26(a)(2)(C)(ii)]

Facts to Which Witness is Expected to Testify:

1. [________________________________]

2. [________________________________]

3. [________________________________]

Opinions to Which Witness is Expected to Testify:

1. [________________________________]

2. [________________________________]

3. [________________________________]

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NON-RETAINED EXPERT WITNESS NO. 2

A. Expert Identification [FRCP 26(a)(2)(A)]

Name: [________________________________]

Professional Title: [________________________________]

Credentials: [________________________________]

Current Employer/Affiliation: [________________________________]

Business Address:
[________________________________]
[________________________________]
[________________________________]

Telephone: [________________________________]

Relationship to Case: [________________________________]

B. Subject Matter of Expected Testimony [FRCP 26(a)(2)(C)(i)]

[________________________________]
[________________________________]

C. Summary of Facts and Opinions [FRCP 26(a)(2)(C)(ii)]

Facts:
1. [________________________________]
2. [________________________________]

Opinions:
1. [________________________________]
2. [________________________________]

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NON-RETAINED EXPERT WITNESS NO. 3

[Repeat format as needed for additional non-retained experts]

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PART III: REBUTTAL EXPERT WITNESSES (If Applicable)

[FRCP 26(a)(2)(D)(ii) - Disclosure within 30 days of other party's disclosure]

The following expert witnesses are disclosed for the purpose of rebutting expert testimony offered by the opposing party.

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REBUTTAL EXPERT WITNESS NO. 1

A. Expert Identification

Name: [________________________________]

Credentials: [________________________________]

Affiliation: [________________________________]

B. Expert Being Rebutted

Opposing Expert Name: [________________________________]

Opinion(s) Being Rebutted: [________________________________]

C. Subject Matter of Rebuttal Testimony

[________________________________]
[________________________________]

D. Written Report

☐ Rebuttal report is attached as Exhibit [____]

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PART IV: DISCLOSURE SUMMARY TABLE

Expert	Type	Subject Matter	Report Attached
[________________________________]	☐ Retained ☐ Non-Retained	[________________________________]	Exhibit [____]
[________________________________]	☐ Retained ☐ Non-Retained	[________________________________]	Exhibit [____]
[________________________________]	☐ Retained ☐ Non-Retained	[________________________________]	Exhibit [____]
[________________________________]	☐ Retained ☐ Non-Retained	[________________________________]	Exhibit [____]
[________________________________]	☐ Rebuttal	[________________________________]	Exhibit [____]

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PART V: RESERVATIONS AND SUPPLEMENTATION

A. Reservation of Rights

The disclosing party reserves the right to:

☐ Designate additional expert witnesses as permitted by the Court's scheduling order

☐ Supplement or amend this disclosure pursuant to FRCP 26(e)

☐ Call any expert disclosed by any other party

☐ Call any witness as an expert who may provide testimony within the scope of their personal knowledge and experience

☐ Modify, supplement, or amend expert opinions based on information subsequently obtained through discovery

☐ Withdraw expert witnesses as circumstances may require

B. Duty to Supplement [FRCP 26(e)]

The disclosing party acknowledges the continuing duty under FRCP 26(e) to supplement or correct disclosures if:

☐ The party learns that in some material respect the disclosure or response is incomplete or incorrect

☐ The additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing

Supplementations shall be made in a timely manner, but in any event by the time of pretrial disclosures under FRCP 26(a)(3).

C. Documents Not Yet Produced

The experts may consider additional documents that have not yet been produced in discovery. If such documents are considered, supplemental disclosures will be made as appropriate.

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PART VI: TIMING COMPLIANCE

A. Disclosure Deadline Compliance

☐ This disclosure is made at least 90 days before the trial date set for [__/__/____], as required by FRCP 26(a)(2)(D)(i).

☐ This rebuttal disclosure is made within 30 days of the opposing party's expert disclosure served on [__/__/____], as required by FRCP 26(a)(2)(D)(ii).

☐ This disclosure is made by the deadline established in the Court's scheduling order dated [__/__/____].

B. Scheduling Order Compliance

Court's expert disclosure deadline: [__/__/____]
Date of this disclosure: [__/__/____]

☐ Timely
☐ Extension granted by Court order dated [__/__/____]

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PART VII: EXHIBITS LIST

Exhibit	Description	Expert
Exhibit A	Expert Report of [________________________________]	[________________________________]
Exhibit B	Expert Report of [________________________________]	[________________________________]
Exhibit C	Curriculum Vitae of [________________________________]	[________________________________]
Exhibit D	Curriculum Vitae of [________________________________]	[________________________________]
Exhibit E	[________________________________]	[________________________________]

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CERTIFICATION

I hereby certify that this Expert Witness Disclosure is complete and accurate to the best of my knowledge and belief as of the date set forth below, subject to the reservations and limitations stated herein.

I further certify that the disclosures made herein comply with Federal Rule of Civil Procedure 26(a)(2) and any applicable local rules and scheduling orders.

Attorney Signature: [________________________________]

Printed Name: [________________________________]

Bar Number: [________________________________]

Firm Name: [________________________________]

Address:
[________________________________]
[________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

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CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing EXPERT WITNESS DISCLOSURE, together with all attached exhibits, was served upon all counsel of record by:

☐ Electronic filing (ECF/CM)
☐ Email
☐ First-class mail
☐ Hand delivery
☐ Overnight courier

Served Upon:

[________________________________]
Attorney for [________________________________]
[________________________________]
[________________________________]
Email: [________________________________]

[________________________________]
Attorney for [________________________________]
[________________________________]
[________________________________]
Email: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

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ATTACHMENTS CHECKLIST

☐ Exhibit A: Expert Report of [________________________________]
☐ Exhibit B: Expert Report of [________________________________]
☐ Exhibit C: Curriculum Vitae - [________________________________]
☐ Exhibit D: Curriculum Vitae - [________________________________]
☐ Exhibit E: List of Publications - [________________________________]
☐ Exhibit F: List of Prior Testimony - [________________________________]
☐ Exhibit G: [________________________________]
☐ Exhibit H: [________________________________]

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STATE-SPECIFIC NOTES

California

California Code of Civil Procedure Section 2034.210 et seq. governs expert witness disclosures in state court. Deadlines and requirements may differ from federal rules.

Texas

Texas Rule of Civil Procedure 194.2(f) and 195 govern expert disclosures in Texas state courts. Requirements may differ from FRCP 26(a)(2).

New York

New York CPLR 3101(d) governs expert disclosure in New York state courts, with different requirements than federal practice.

Florida

Florida Rule of Civil Procedure 1.280(b)(5) governs expert disclosures in Florida state courts.

Consult applicable state rules when filing in state court.

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SOURCES AND REFERENCES

• Federal Rules of Civil Procedure Rule 26
• Federal Rules of Evidence Rule 702
• Federal Rules of Evidence Rule 703
• Federal Rules of Evidence Rule 705
• Expert Institute - Rule 26 Disclosure Guide
• ForensisGroup - FRCP 26 Expert Disclosure Requirements

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This template is provided for informational purposes only and does not constitute legal advice. Federal and state rules may vary. Consult with a licensed attorney in your jurisdiction before use.