Delaware Expert Witness Report Rules

Are Expert Witness Reports Required in Delaware?

In Delaware, expert witness reports are not automatically required under state law or court rules. Instead, Delaware’s Superior Court Civil Rules guide expert witness discovery in a controlled manner. Under Del. Super. Ct. Civ. R. 26(b)(4), a party may request the identification of expert witnesses and the disclosure of the subject matter and substance of their opinions through interrogatories. Unlike some jurisdictions, Delaware does not mandate an automatic exchange of expert reports unless there is an agreement between the parties or a specific court order (Del. Super. Ct. Civ. R. 26(b)(4)). Expert opinions are typically disclosed via interrogatory answers or expert affidavits as necessary.

Deadlines for disclosing expert information are often determined through a trial scheduling order. These orders set specific dates by which plaintiffs must provide their expert disclosures. Failure to comply with these deadlines can result in the exclusion of the expert from testifying (Del. Super. Ct. Civ. R. 26(b)(4)).

What is Required in a Delaware Expert Witness Report?

When an expert witness report is required by agreement or court order, it must include several key elements:

• Opinions and Bases: The report should clearly articulate the expert’s opinions and the bases for those opinions.
• Data Considered: Any data or information considered by the expert in forming their opinions should be included.
• Exhibits: Exhibits that will be used in support of the expert’s opinions must be listed.
• Qualifications: The expert’s qualifications, including their experience and background relevant to the testimony, should be detailed.
• Compensation: The report must disclose the compensation to be paid for the study and testimony in the case.

The requirements may differ slightly from the federal standards, as Delaware’s rules focus on disclosures primarily through interrogatories and affidavits unless otherwise ordered.

Scope and Authorship of the Report

In Delaware, the expert witness is typically responsible for drafting and signing their own report, if such a report is ordered or agreed upon. While attorneys may be involved in coordinating the disclosure and ensuring compliance with procedural rules, the expert’s opinions must remain independent.

Permissible attorney involvement is generally limited to:

• Assisting in identifying the relevant issues the expert should address.
• Ensuring the report complies with procedural requirements.

The scope of the report can vary depending on the type of expert testimony or the case at hand, particularly in specialized areas such as medical malpractice or complex commercial litigation.

Missing, Deficient, and Untimely Reports

Failure to provide a required expert report, or providing one that is incomplete or late, can have severe consequences in Delaware. Courts may exclude the testimony of an expert whose disclosures are not in compliance with Del. Super. Ct. Civ. R. 26(b)(4). Other potential court responses include:

• Sanctions: Imposing penalties on the non-compliant party.
• Continuances: Granting delays to allow for proper disclosures.
• Exclusion: Prohibiting the expert from testifying at trial.

These actions underscore the importance of adhering to disclosure timelines and requirements as set by court orders or agreements between parties.

Original, Supplemental, and Rebuttal Reports

In Delaware, distinctions between original, supplemental, and rebuttal reports are recognized, although the specifics depend on the court’s instructions or the parties’ agreements.

• Original Reports: These are initial disclosures required by the court or agreed upon.
• Supplemental Reports: These may be necessary if new information arises or if the expert’s opinion changes.
• Rebuttal Reports: Used to counter opinions disclosed by opposing experts.

The timing and necessity for supplemental or rebuttal reports are typically governed by the court’s scheduling order, which can dictate the limits and purposes of these additional disclosures.

Relevant State Rules and Legal Requirements

Delaware’s procedural approach to expert disclosures is primarily governed by Del. Super. Ct. Civ. R. 26(b)(4). This rule outlines the controlled discovery process and establishes that expert depositions require either consent or a court order.

Key cases interpreting these rules provide further guidance on compliance and the consequences of non-compliance, highlighting the state’s emphasis on procedural precision and fairness in expert witness disclosures.

Unlike the Federal Rules of Civil Procedure, Delaware’s approach does not automatically require detailed expert reports but relies on interrogatory disclosures unless otherwise directed. This deviation emphasizes the importance of understanding the specific procedural context of each case in Delaware courts.

For more details, you can refer to the Delaware Rules of Civil Procedure and specific guidelines related to Rule 26 and Rule 37.