Wyoming Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Wyoming?

Under Wyoming law, the discovery of expert information is governed by rules that closely align with the federal framework, specifically mirroring Federal Rule of Civil Procedure 26(b)(4). According to Wyo. R. Civ. P. 26(a)(2), parties are required to disclose any expert witness who may testify at trial. For retained experts or those whose duties regularly involve giving expert testimony, the party must provide a comprehensive written report. This report, prepared and signed by the expert, must include:

• A complete statement of all opinions to be expressed and the basis and reasons for them.
• The data or information considered by the expert.
• Any exhibits to be used.
• The expert’s qualifications, including publications over the last 10 years.
• A list of cases in which the expert testified in the past 4 years.
• The compensation to be paid for the study and testimony.

For non-retained experts, such as treating professionals, a summary of the facts and opinions to which the expert is expected to testify is required instead of a full report. Draft expert witness report and communications between attorneys and experts are protected under Wyo. R. Civ. P. 26(b)(4)(B) and (C), which safeguard drafts and most communications, except those concerning compensation or facts provided by counsel.

Timing and Procedure for Expert Discovery in Wyoming

Expert discovery in Wyoming typically occurs prior to the trial, following the initial disclosures. According to Wyo. R. Civ. P. 26(a)(2), the disclosures for initial experts are usually due 90 days before the trial date, unless otherwise specified by a court order. Thereafter, rebuttal expert disclosures are required 30 days following the initial disclosures.

Procedurally, parties must adhere to deadlines for exchanging expert information and are permitted to depose expert witnesses once their reports or summaries have been disclosed. Wyoming’s procedural framework mandates that parties supplement expert disclosures in a timely manner under Wyo. R. Civ. P. 26(e) if new information is obtained or if there are any changes in the expert’s opinions.

What Methods of Expert Discovery Are Permitted in Wyoming?

In Wyoming, several methods of expert discovery are permitted, including:

• Depositions: Allowed after expert reports or summaries are disclosed.
• Written Interrogatories and Document Requests: These are commonly used to obtain further information regarding an expert’s opinions and the basis for those opinions.

Discovery is typically limited to experts who are expected to testify at trial. The protection of non-testifying experts, or consulting experts, follows the federal model, requiring a showing of exceptional circumstances for discovery.

Limits on Discovery of Expert Materials and Communications

Wyoming’s approach to the discovery of expert materials and communications is similar to the federal practice, with specific protections in place. Under Wyo. R. Civ. P. 26(b)(4)(B) and (C), drafts of expert reports and most attorney–expert communications are protected, except communications that relate to the expert’s compensation or facts provided by the attorney that the expert relied upon.

Exceptions to these protections include circumstances where there is a need to address potential bias or to discover facts or data considered by the expert. These rules ensure a balance between protecting the work-product privilege and allowing necessary discovery to challenge an expert’s credibility.

Consequences for Noncompliance or Discovery Violations

Failure to comply with expert discovery rules in Wyoming can lead to significant consequences. Under Wyo. R. Civ. P. 37(c), a party that fails to disclose an expert or provide the required report may face the exclusion of that expert’s testimony unless the failure is substantially justified or harmless. Additional sanctions or remedies may include continuances, monetary sanctions, or orders compelling discovery.

Relevant Rules and Legal Authority in Wyoming

Wyoming’s expert discovery rules are primarily governed by:

• **Wyo. R. Civ. P. 26(a)(2):** Governs expert disclosures and report requirements.
• **Wyo. R. Civ. P. 26(b)(4):** Protects drafts and communications.
• **Wyo. R. Civ. P. 26(e):** Mandates supplementation of expert information.
• **Wyo. R. Civ. P. 37(c):** Addresses exclusion for failure to disclose.

These rules reflect a strong alignment with the federal practice, ensuring that expert discovery in Wyoming is both comprehensive and protective of certain privileged materials. The rules underscore the importance of timely and complete disclosures and provide a framework for addressing any violations effectively.