Connecticut Expert Witness Report Rules

Are Expert Witness Reports Required in Connecticut?

In Connecticut, Connecticut requires advance disclosure of testifying experts through its Practice Book rules. Under Connecticut Practice Book § 13-4, a party must disclose each expert who will testify at trial, including the subject matter of the expert’s testimony and a summary of the grounds for each opinion. This requirement reflects a structured approach to expert testimony disclosures, ensuring that all parties are adequately informed of the expert testimony to be presented. The timing of these disclosures is generally dictated by the court’s scheduling order, often several months before trial. Failure to comply can lead to severe consequences, including the preclusion of expert testimony.

• Disclosure Timing: Set by court scheduling orders.
• Consequence of Non-Compliance: Possible preclusion of testimony.

What is Required in a Connecticut Expert Witness Report?

In Connecticut, while experts in state courts do not have to prepare exhaustive reports akin to those under the federal rules, the disclosing party must still provide a substantive summary of the facts and opinions to which the expert is expected to testify. This summary needs to include:

• The subject matter of the expert’s testimony.
• A summary of the grounds for each opinion.

This approach ensures that while full federal-style reports are not required, the opposing party is informed enough to prepare adequately for trial. In medical malpractice cases, a written report by a similar healthcare provider is also required as part of the good faith certificate, although this is a pre-suit requirement.

Scope and Authorship of the Report

The Connecticut rules do not explicitly specify who must draft or sign the expert witness report. However, the expert is typically involved in preparing the summary of opinions, as it must accurately reflect their intended testimony. Attorney involvement is generally permissible to the extent that they assist in ensuring the report meets procedural requirements without altering the expert’s opinions. The scope of the report may vary depending on the complexity and type of expert testimony involved in the case.

Missing, Deficient, and Untimely Reports

Failure to provide a timely or complete expert witness disclosure in Connecticut can result in significant consequences, including the exclusion of the expert’s testimony. Courts have the discretion to impose sanctions or grant continuances depending on the circumstances. The Practice Book emphasizes the importance of adherence to disclosure requirements to maintain fairness in the trial process.

• Potential Consequences: Exclusion of testimony, sanctions, or continuances.
• Judicial Discretion: Courts decide on appropriate responses based on specific case circumstances.

Original, Supplemental, and Rebuttal Reports

Connecticut practice does not follow the federal terminology of "supplemental" or "rebuttal" reports explicitly. However, the rules allow for the possibility of additional disclosures as necessary, depending on developments in the case or further court orders. The timing and appropriateness of such reports are generally governed by the court’s scheduling order and the specific needs of the case.

Relevant State Rules and Legal Requirements

The primary source for expert witness disclosure in Connecticut is Conn. Prac. Book § 13-4. This rule outlines the procedures and requirements for disclosing expert testimony in state courts. While Connecticut’s approach shares some similarities with the federal system, particularly in the structured advance notice of expert testimony, it maintains distinct requirements that do not mandate full federal-style reports. Notable case law interpreting these rules can further refine and influence their application in practice.

• Primary Rule: Conn. Prac. Book § 13-4.
• Comparison with Federal Practice: Connecticut requires the substance of expert opinions without necessitating full federal-style reports.