Ohio Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Ohio?

In Ohio, the discovery of expert information is governed by Ohio Civ. R. 26(B)(7), which reflects aspects of the Federal Rule of Civil Procedure 26(b)(4) by requiring disclosure of expert testimony and their reports. Under Ohio law, parties must disclose the identity of any expert witness who may testify at trial. If the expert is retained or specially employed to provide testimony, the party must, upon request, furnish a written expert witness report prepared by the expert. This report must be signed by the expert and include the expert’s opinions, the bases and reasons for those opinions, and the expert’s qualifications.

Ohio has specific limits on the discovery of expert communications. Rule 26(B)(7)(c) protects drafts of reports and most attorney-expert communications, with exceptions for communications regarding compensation, facts provided by counsel, or assumptions relied upon. These protections align with the state’s efforts to balance comprehensive discovery with the safeguarding of attorney work-product.

Timing and Procedure for Expert Discovery in Ohio

Expert discovery in Ohio typically occurs following the exchange of initial disclosures and prior to trial. The procedural steps for exchanging expert information include the filing of expert reports, which are often governed by a court's scheduling order. The party with the burden of proof is generally required to produce its expert reports first, followed by the opposing party’s reports.

Key Deadlines and Procedures:

• Expert Report Exchange: Parties exchange expert reports in accordance with court-specified deadlines.
• Depositions: After reports are exchanged, either side may depose the other’s experts.
• Supplementation: Parties are obligated to supplement expert disclosures under Ohio Civ. R. 26(E).

Ohio Civ. R. 10(D)(2) imposes a specific requirement for medical malpractice cases, necessitating an affidavit of merit from a qualified expert attesting to the claim’s validity at the time of filing.

What Methods of Expert Discovery Are Permitted in Ohio?

Ohio permits several methods of expert discovery, including depositions, written interrogatories, and document requests. However, discovery is primarily focused on testifying experts, with consulting expert materials generally protected unless exceptional circumstances are shown.

Permitted Methods:

• Depositions: Experts can be deposed following the exchange of their reports.
• Interrogatories and Document Requests: These can be used to seek further information on expert opinions and supporting materials.

Ohio's rules on privilege and work-product protections distinguish between testifying and consulting experts, offering broad protections for non-testifying experts unless a party demonstrates substantial need or exceptional circumstances.

Limits on Discovery of Expert Materials and Communications

Ohio Civ. R. 26(B)(7)(c) provides robust protections for draft reports and attorney–expert communications. These are generally shielded from discovery, except for communications about expert compensation, facts provided by counsel, or assumptions that the expert relied upon. This approach reflects Ohio’s alignment with federal standards, while emphasizing certain state-specific nuances.

Exceptions to the protections include:

• Bias and Compensation: Discovery is allowed on expert compensation details.
• Reliance Materials: Facts or data considered by the expert are discoverable.

Consequences for Noncompliance or Discovery Violations

Failure to comply with expert discovery rules in Ohio can lead to significant sanctions. Ohio Civ. R. 37 authorizes the court to impose various remedies, including the exclusion of the expert's testimony or reports, continuances, and monetary sanctions.

Potential Sanctions:

• Exclusion of Evidence: Non-disclosed expert testimony may be excluded.
• Monetary Sanctions: Courts may order the payment of expenses caused by the failure to comply.

Relevant Rules and Legal Authority in Ohio

Ohio Civ. R. 26(B)(7) governs the discovery of expert information, with Ohio Civ. R. 10(D)(2) specifically addressing medical malpractice cases. Ohio Civ. R. 26(E) requires supplementation of expert disclosures, and Ohio Civ. R. 37 outlines sanctions for noncompliance.

Key differences from federal practice include Ohio's specific protections for attorney-expert communications and the affidavit of merit requirement for medical malpractice claims. Courts in Ohio interpret these rules consistent with both the text and relevant case law, ensuring a balanced approach to expert discovery.