You will receive a highly qualified forensic expert AND support from a team that understands litigation and today's court requirements. We are an extension of your team.

The below are incorporated into everything we do, from Expert Recruitment to Quality Assurance, and are made a part of our Enhanced Attestation Signature when applicable.

Duty to Disclose; General Provisions Governing Discovery

Federal Rule of Civil Procedure FRCP 26(2)(B) i-vi

This rule applies to persons retained to provide a written report and expert witness testimony.  The report must include:

  • A complete statement of all opinions the witness will express and the basis and reasons for them;

  • The facts or data considered by the witness in forming them;

  • Any exhibits that will be used to summarize or support them;

  • The witness’s qualifications, including a list of all publications authored in the previous 10 years;

  • A list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

  • A statement of the compensation to be paid for the study and testimony in the case.

 

Many states have adopted this rule, meaning compliance is required in a non-federal case.  

 

Physical and Mental Examination of Persons

Washington State Superior Court Civil Rule (CR 35) 

Idaho Rules of Civil Procedure (IRCP 35)

Oregon Rules of Civil Procedure (ORCP 44

Each state has a civil rule that applies to independent examinations and persons retained to provide expert witness testimony.  The basic expectations and guidelines of these rules are:

 

  • A third-party representative can be present at an Examination;

  • An Audio Recording may be taken of the Examination;

  • The Examination may be videotaped upon agreement or court order;

  • The report of the Examiner must be produced within 45-days after the Examination, or, at minimum, 30-days before trial; and

  • For an Examiner’s failure to comply, the Court may exclude the Examiner's testimony at trial, may require the Examiner to appear for a deposition, or may exclude the Examiner’s testimony if offered at trial.

 

 

susan@nwmedicalexperts.com