Idaho Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Idaho?

In Idaho, the discovery of expert information is governed by Idaho Rules of Civil Procedure, particularly Rule 26(b)(4). This rule allows for the disclosure of expert witnesses that a party expects to call at trial. Upon a proper discovery request, such as an interrogatory, parties must identify these experts and provide details about the subject matter, anticipated opinions, and the grounds for each opinion. Idaho’s approach largely mirrors the Federal Rule of Civil Procedure 26(b)(4), but expert witness disclosures occur through demand rather than automatic filing. The scope includes sharing the expert's qualifications, publications, compensation, prior testimony, and any data or exhibits considered, especially if the expert is retained or specially employed to provide testimony.

Idaho imposes limits on the discovery of expert communications and draft reports, aligning closely with federal standards. The state distinguishes between testifying and consulting experts, allowing discovery of consulting experts only under specific conditions such as showing exceptional circumstances. Idaho also follows federal practices by restricting access to communications between attorneys and experts, protecting draft reports from discovery, and limiting inquiries to facts or data considered by the expert (Idaho R. Civ. P. 26(b)(4)).

Timing and Procedure for Expert Discovery in Idaho

Expert discovery in Idaho typically occurs according to scheduling order deadlines set by the court. These timelines often require the plaintiff to disclose expert information 90 to 120 days before trial, with the defendant’s disclosures due shortly thereafter. This process ensures all parties have adequate time to prepare and respond.

Procedural steps for expert discovery include serving interrogatories and requests for production to obtain expert information. Depositions of experts are permitted, with the party seeking discovery responsible for paying a reasonable fee for the expert’s time, as outlined in Idaho R. Civ. P. 26(b)(4)(E). The duty to supplement discovery responses is also emphasized, requiring parties to update expert information if changes occur (Idaho R. Civ. P. 26(e)). Noncompliance can lead to sanctions under Rule 37, including the exclusion of expert testimony.

What Methods of Expert Discovery Are Permitted in Idaho?

Idaho allows several methods for expert discovery, including:

• Depositions: Experts may be deposed, and the party conducting the deposition must compensate the expert for their time.
• Interrogatories and Requests for Production: These can be used to obtain information about an expert's opinions, qualifications, and compensation.

Discovery is generally limited to testifying experts, although discovery of consulting experts can be pursued under exceptional circumstances. Idaho’s rules also protect certain communications and draft reports from discovery, ensuring a balance between thoroughness and confidentiality.

Limits on Discovery of Expert Materials and Communications

Idaho handles the discovery of expert materials and communications with several protections in place. Draft reports and most attorney–expert communications are generally not discoverable, maintaining the confidentiality of preliminary analyses and strategic discussions. However, materials relied upon by the expert, such as facts and data, are typically discoverable, ensuring transparency in the expert’s conclusions.

Exceptions to these protections may arise if there is evidence of bias, or if reliance materials are essential to the case. Idaho courts have yet to significantly diverge from federal standards on these issues, maintaining consistency with broader legal practices (Idaho R. Evid. 702).

Consequences for Noncompliance or Discovery Violations

Noncompliance with expert discovery rules in Idaho can lead to various sanctions under Idaho R. Civ. P. 37. Potential consequences include the exclusion of expert testimony, continuances, or monetary sanctions. These measures underscore the importance of adhering to procedural requirements and maintaining transparency in expert disclosures. Parties must take care to properly disclose and supplement expert information to avoid these severe penalties.

Relevant Rules and Legal Authority in Idaho

The primary rules governing expert discovery in Idaho include:

• [Idaho R. Civ. P. 26(b)(4)](https://isc.idaho.gov/ircp26-new): Governs the scope of expert discovery, including disclosures and protections.
• [Idaho R. Civ. P. 26(e)](https://isc.idaho.gov/ircp26-new): Imposes a duty to supplement discovery responses.
• [Idaho R. Civ. P. 37](https://isc.idaho.gov/ircp37-new): Provides for sanctions in cases of noncompliance.
• [Idaho R. Evid. 702](https://isc.idaho.gov/ircp26-new): Relates to the admissibility of expert testimony.

Idaho’s procedures largely align with federal practices, with notable distinctions in the demand-based disclosure system and specific protections for expert communications. Understanding these nuances is crucial for effective legal strategy within the state’s jurisdiction.