Maryland Expert Witness Report Rules

Are Expert Witness Reports Required in Maryland?

Under Maryland law, expert witness reports are generally required through a mandatory discovery process outlined in Md. Rule 2-402(g)). Parties must disclose the identity of any expert expected to testify at trial and provide a detailed statement of the opinions the expert will give and the basis for those opinions. This requirement effectively necessitates an expert witness report or a detailed summary, known as "Rule 2-402(g) disclosures," which include the expert's qualifications, opinions, conclusions, and supporting facts. The timing of these disclosures is crucial. Maryland’s scheduling orders, issued under Rule 2-504, typically set strict deadlines for the plaintiff’s expert disclosures, often many months before trial. Expert depositions in Maryland are permitted following these required disclosures (Md. Rule 2-402(g), Md. Rule 2-421).

What is Required in a Maryland Expert Witness Report?

A Maryland expert witness report must thoroughly address several key components:

• Opinions and Bases: A comprehensive statement of the expert's opinions and the bases for those opinions.
• Data Considered: All data and information the expert relied upon in forming their opinions.
• Exhibits: Any exhibits that will be used to summarize or support the opinions.
• Qualifications: A summary of the expert’s qualifications, encompassing education, experience, and any other credentials.
• Compensation: Details of the compensation to be paid to the expert for their services.

Maryland’s requirements align closely with federal standards but are tailored under state-specific procedural rules, emphasizing timely and complete disclosures.

Scope and Authorship of the Report

The expert witness, as the primary source of the opinions, typically drafts and signs the report. Attorney involvement is permissible but should not alter the expert's independent opinions. The involvement of counsel is generally confined to ensuring compliance with procedural requirements and assisting in the organization of information. The scope of the report may vary based on the nature of the expert testimony or the complexity of the case.

Missing, Deficient, and Untimely Reports

Failure to comply with expert disclosure requirements in Maryland carries significant consequences. As per Rule 2-402(g)(1) and Rule 2-433), Maryland courts have the authority to exclude the expert's testimony or impose other sanctions if a party fails to properly identify an expert or provide the substance of their testimony by the deadline. This enforcement ensures adherence to procedural timelines and maintains the integrity of the judicial process.

• Potential Sanctions: Exclusion of testimony, monetary sanctions, or continuances.
• Court Responses: Courts may issue orders that preclude testimony or enforce other penalties as deemed appropriate.

Original, Supplemental, and Rebuttal Reports

Maryland procedural rules acknowledge the need for various report types, although specific terms such as "supplemental" or "rebuttal" reports are not expressly used in the rules. The timing and purpose of any additional reports will depend on court orders or specific case requirements, allowing courts to address disputes over these filings on a case-by-case basis.

Relevant State Rules and Legal Requirements

The primary governing rules for expert witness disclosures in Maryland are Md. Rule 2-402(g)) and Md. Rule 2-504. These rules are shaped by Maryland’s civil procedure) framework and court interpretations, ensuring that expert disclosures are made early and comprehensively. Notably, Maryland’s approach emphasizes early identification and detailed summaries, contrasting with federal practices that may allow for later or more flexible disclosures.

• Key Rules: Md. Rule 2-402(g), Md. Rule 2-504.
• Judicial Interpretations: Maryland courts interpret compliance with these rules stringently, prioritizing early and complete disclosures to facilitate fair trial preparation.

In summary, Maryland mandates detailed expert witness reports as part of its discovery process, with strict adherence to procedural rules essential for compliance and the avoidance of sanctions.