South Carolina Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in South Carolina?

In South Carolina, the discovery of expert information is governed by the South Carolina Rules of Civil Procedure, particularly SCRCP 26(b)(4)(A). This rule allows parties to obtain through interrogatories the identity of each expert expected to testify at trial, along with the subject matter and substance of the expert’s testimony. South Carolina’s framework for expert discovery is analogous to the Federal Rule of Civil Procedure 26(b)(4), although it lacks some of the specific amendments made to the federal rule in 2010.

The state's rules require pretrial disclosure of expert witnesses via written reports or summaries. Parties are generally expected to furnish a written report containing the expert’s qualifications, opinions, the basis and reasons for them, and other relevant information if the expert is “retained or specially employed” to provide testimony. For non-retained experts, such as treating physicians, a summary of their opinions suffices. South Carolina imposes limits on the discovery of expert communications, draft reports, and consulting expert materials, aligning with the work product doctrine through case law rather than explicit rule language.

Timing and Procedure for Expert Discovery in South Carolina

Expert discovery in South Carolina occurs after the exchange of expert witness report, typically as outlined in a court-issued scheduling order. According to SCRCP 26(b)(4)(A), parties must disclose their expert witnesses and exchange reports by a deadline established during pretrial proceedings. These reports should detail the expert’s opinions and the basis for those opinions.

The procedural steps for expert discovery include:

• Exchanging Expert Information: Parties exchange expert reports or summaries by a court-ordered deadline.
• Depositions: Expert depositions are allowed after reports are exchanged. Any expert who will testify can be deposed in the same manner as other discovery witnesses.
• Supplementation: Parties must supplement expert disclosures under SCRCP 26(e) if there are changes or additions to the expert’s opinions or the information provided initially.

What Methods of Expert Discovery Are Permitted in South Carolina?

In South Carolina, parties may use several methods for expert discovery, including depositions, written interrogatories, and document requests. These methods primarily apply to testifying experts rather than consulting experts. Discoverability of consulting expert information generally requires a showing of exceptional circumstances.

The state protects certain communications and materials through the work product doctrine, although it does not explicitly differentiate between testifying and consulting experts in its rules. Privilege and work-product protections are aligned with federal standards but are established primarily through case law interpretations.

Limits on Discovery of Expert Materials and Communications

South Carolina handles the discovery of expert materials and communications with a degree of protection. Draft reports and attorney-expert communications are generally protected under the work product doctrine, aligning with federal practices despite the absence of specific rule language to that effect. Exceptions to this protection may include materials related to bias, reliance materials, or facts/data considered by the expert.

Significant case law, such as decisions surrounding the Laney preclusion, emphasizes the importance of timely and complete expert disclosures to avoid sanctions or exclusion of expert testimony.

Consequences for Noncompliance or Discovery Violations

Failure to comply with expert discovery rules in South Carolina can lead to significant consequences. Under SCRCP 37 and relevant case law, such as the Laney preclusion, noncompliance can result in:

• Exclusion of Testimony: A court may exclude an expert's testimony if disclosures are not made by the deadline.
• Monetary Sanctions: Courts may impose financial penalties for discovery violations.
• Continuances: A court might grant a continuance to allow for proper disclosure or address discovery disputes.

Relevant Rules and Legal Authority in South Carolina

The primary rules governing expert discovery in South Carolina include SCRCP 26(b)(4)(A), SCRCP 26(e), and SCRCP 37. These rules provide the framework for expert disclosures, supplementation, and sanctions. Additionally, S.C. Code § 15-36-100 outlines requirements for expert affidavits in medical malpractice cases, highlighting a case-type distinction that affects the discovery process.

South Carolina’s approach to expert discovery shares similarities with federal practices but remains distinct in certain procedural aspects, particularly in its reliance on case law for interpreting work product protections and the scope of discoverable expert materials.