Kentucky Expert Witness Report Rules

Are Expert Witness Reports Required in Kentucky?

Kentucky's civil rules require the disclosure of expert witnesses and their opinions, but they do not mandate an extensive written report unless ordered by the court. Under Ky. R. Civ. P. 26.02(4), a party may use interrogatories to ask an opponent to identify each expert witness expected at trial and to state the subject matter and substance of the facts and opinions to which the expert will testify. This effectively serves as a summary of the expert’s testimony. Expert reports are not automatically required. Instead, the party’s answers to expert interrogatories, often signed by the expert, serve as the disclosure. These disclosures must be made during the discovery phase, but the specific timing can depend on the court’s scheduling order.

What is Required in a Kentucky Expert Witness Report?

While Kentucky does not automatically require expert reports, when they are ordered, certain elements are typically expected:

• Opinions and Bases: A summary of the expert’s opinions and the underlying basis for those opinions.
• Data Considered: The data or information the expert considered in forming their opinions.
• Qualifications: A statement of the expert’s qualifications, including education and professional experience.
• Compensation: Disclosure of the compensation being paid for the expert’s services.

There are no state-specific deviations from the federal standard in terms of content, but the necessity and extent of written reports can vary depending on the court’s requirements.

Scope and Authorship of the Report

The drafting and signing of expert disclosures in Kentucky can involve both the expert and legal counsel. Typically, the expert provides the foundational opinions and data, while counsel may assist in organizing and presenting the information clearly. The extent of attorney involvement is subject to professional conduct rules and must ensure that the expert’s opinions remain their own. The scope of the report, when required, may vary based on the type of expert testimony or the nature of the case.

Missing, Deficient, and Untimely Reports

Failure to comply with disclosure requirements can lead to significant consequences. Under Ky. R. Civ. P. 37.03, the court may exclude the expert’s testimony if a party fails to properly disclose or supplement expert information. Other potential court responses include sanctions or granting continuances to allow for proper disclosure. It is crucial for parties to adhere to disclosure timelines and ensure the completeness of information to avoid these penalties.

Original, Supplemental, and Rebuttal Reports

Kentucky Rule 26.05 mandates that parties must supplement discovery responses, which includes updates to expert disclosures if opinions change or new information arises. While the rules do not explicitly define “supplemental” or “rebuttal” reports, the obligation to update is clear. Courts may address disputes over these filings on a case-by-case basis, depending on the context and timeliness of the disclosures.

Relevant State Rules and Legal Requirements

• [Ky. R. Civ. P. 26.02(4)](https://govt.westlaw.com/kyrules/Browse/Home/Kentucky/KentuckyCourtRules/KentuckyStatutesCourtRules?guid=N32F2D5D0A79211DAAB1DC31F8EB14563&transitionType=Default&contextData=%28sc.Default%29): Governs the disclosure of expert witnesses through interrogatories.
• Ky. R. Civ. P. 26.05: Requires parties to supplement discovery responses as necessary.
• [Ky. R. Civ. P. 37.03](https://govt.westlaw.com/kyrules/Document/N92361540A91B11DA8F5EE32367A250AE?transitionType=Default): Provides for the exclusion of expert testimony for failing to meet disclosure duties.

These rules collectively guide the process of expert disclosure in Kentucky, emphasizing the importance of timely and comprehensive sharing of expert information. Notable differences from federal practice include the lack of an automatic requirement for written expert witness report, highlighting the importance of interrogatories and supplemental disclosures.