Indiana Expert Witness Report Rules

Are Expert Witness Reports Required in Indiana?

In Indiana, expert witness reports are not universally mandated under state law or court rules, but they play a crucial role in the discovery process. According to Indiana Trial Rule 26(B)(4), parties may use interrogatories to compel the disclosure of expert witnesses expected to testify at trial. This rule allows a party to require the opposing side to identify each expert witness and to state the subject matter and substance of their testimony (Ind. R. Trial P. 26(B)(4)). If an expert has prepared a report, the opposing party can request either the report itself or a detailed summary of the expert’s opinions. The disclosure of expert reports or summaries typically occurs during the discovery phase, guided by the trial court’s case management order, which sets specific deadlines for such disclosures.

Indiana’s approach to expert discovery is somewhat aligned with the Federal Rules of Civil Procedure, particularly in allowing for the deposition of an opponent’s expert after disclosure. Once an expert is identified and their opinions are known, they can be deposed as a matter of course, as provided by Trial Rule 26(B)(4)(a)(ii) (Ind. R. Trial P. 26(B)(4)).

What is Required in an Indiana Expert Witness Report?

While Indiana does not have a statutory requirement for expert witness reports akin to the federal standard, when such reports are prepared, they should encompass:

• The expert's opinions and the bases for those opinions.
• Data or information considered by the expert in forming their opinions.
• Any exhibits that will be used to support the opinions.
• The qualifications of the expert, including publications and prior testimonial experience.
• The compensation to be paid for the study and testimony.

Indiana rules do not deviate significantly from federal requirements in terms of report content but emphasize thoroughness in summarizing expert opinions when a report is not prepared.

Scope and Authorship of the Report

In Indiana, expert witness reports are typically drafted by the expert themselves, though attorneys may assist in ensuring the report complies with procedural requirements. The extent of attorney involvement is limited to ensuring clarity and compliance without influencing the expert's opinions. The scope of the report may vary based on the complexity of the case and the type of expert testimony involved.

Missing, Deficient, and Untimely Reports

Failure to provide an expert report or a detailed summary as required under Indiana’s discovery rules can lead to significant consequences. Under Indiana Trial Rule 37, an expert not properly disclosed may be excluded from testifying at trial. Courts may also impose other sanctions, such as fines or continuances, to address deficiencies in expert disclosures (Ind. R. Trial P. 37). The severity of the sanction often depends on the degree of non-compliance and its impact on the opposing party’s ability to prepare for trial.

Original, Supplemental, and Rebuttal Reports

Indiana does not explicitly differentiate between original, supplemental, and rebuttal expert reports in its procedural rules. However, the timing and necessity of supplemental or rebuttal reports are typically governed by the court’s scheduling order. Courts may allow for these reports to address new information or issues raised by opposing experts, though such filings must adhere to the court’s deadlines and procedural directives to avoid disputes.

Relevant State Rules and Legal Requirements

The principal rule governing expert witness disclosures in Indiana is Indiana Trial Rule 26(B)(4). This rule outlines the requirements for identifying expert witnesses and disclosing their opinions. Key cases interpreting these rules provide guidance on procedural compliance and the consequences of non-compliance. Indiana’s approach closely mirrors that of the federal system but is distinct in its emphasis on flexibility and court discretion in managing expert discovery. For more information, you can refer to the Indiana Rules of Trial Procedure.