New Hampshire Expert Witness Report Rules

Are Expert Witness Reports Required in New Hampshire?

In New Hampshire, the requirement for expert witness reports is explicitly outlined in state law. According to N.H. Rev. Stat. § 516:29-b, any party intending to use expert testimony at trial must disclose the expert’s identity. If the expert is retained or regularly employed to give expert testimony, this disclosure must be accompanied by a detailed written report prepared and signed by the expert. The timing for these disclosures is either dictated by court order or defaults to no later than 90 days before trial, with rebuttal expert reports due 30 days after the other side’s report (N.H. Rev. Stat. § 516:29-b).

What is Required in a New Hampshire Expert Witness Report?

The expert witness report in New Hampshire must include several critical elements:

• A complete statement of all opinions the expert will express and the basis and reasons for those opinions.
• The facts or data considered by the expert.
• Any exhibits that will be used to support the expert’s opinions.
• The expert’s qualifications, including any publications authored.
• The compensation to be paid for the expert’s study and testimony.
• A list of cases in which the expert has testified during the past four years.

These requirements ensure comprehensive disclosure, aligning closely with federal standards but with a specific emphasis on timely and detailed reporting under N.H. Rev. Stat. § 516:29-b.

Scope and Authorship of the Report

In New Hampshire, the expert witness is responsible for drafting and signing their report. While attorneys may assist in structuring or refining the report, the substantive content and opinions must originate from the expert. The role of the attorney should not extend into shaping the expert’s conclusions or judgments. The scope of the report can vary depending on the nature of the expert testimony or the complexities of the case at hand, guided by New Hampshire Superior Court Rules.

Missing, Deficient, and Untimely Reports

Failing to provide an expert report, or submitting one that is incomplete or late, can lead to significant consequences. New Hampshire courts are strict in enforcing disclosure requirements, and an expert who is not disclosed or for whom no report is provided as required, will be excluded from offering testimony at trial (N.H. Rev. Stat. § 516:29-b). Possible court responses include exclusion of testimony, imposition of sanctions, or granting continuances to address deficiencies.

Original, Supplemental, and Rebuttal Reports

New Hampshire distinguishes between original expert reports and rebuttal reports. Original reports must be submitted no later than 90 days before trial, while rebuttal reports are due 30 days after receiving the opposing party’s report. The rules governing supplemental reports are less explicit, indicating that courts may exercise discretion based on the case’s specific circumstances. Disputes over the timing or content of these reports are typically resolved according to the court’s scheduling orders (N.H. Rev. Stat. § 516:29-b).

Relevant State Rules and Legal Requirements

Key provisions governing expert disclosures in New Hampshire are found in N.H. Rev. Stat. § 516:29-b and N.H. Super. Ct. R. 27. These statutes and rules create a framework that emphasizes detailed and timely expert disclosures, mirroring federal standards but with distinct state-specific nuances. Notable cases interpreting these rules highlight the courts’ focus on ensuring fair and thorough disclosure processes, though no significant deviations from the statutory language have been established in recent case law.