New Mexico Expert Witness Report Rules

Are Expert Witness Reports Required in New Mexico?

In New Mexico, expert witness reports are governed by the state's Rules of Civil Procedure, which align with modern discovery principles. Under NM Rule 1-026(B)(6), a party is permitted to discover the identity of any expert witness the opposing party intends to call at trial. This includes the subject matter of the testimony, the substance of the expert’s opinions, and the grounds for those opinions. Typically, this information must be provided in writing, either through an expert interrogatory or via an expert report or summary. The timing of these disclosures is often dictated by rule or case management order, with deadlines frequently set for the plaintiff’s expert disclosures (including reports) and subsequently for defense experts. Expert depositions are permissible once the experts have been disclosed (N.M. R. Civ. P. 1-026(B)(6)).

What is Required in a New Mexico Expert Witness Report?

New Mexico requires that expert witness reports include several key elements:

• The expert’s opinions and the bases for those opinions.
• Data or information considered by the expert in forming the opinions.
• Any exhibits that will be used to support the opinions.
• The expert’s qualifications, including publications authored in the previous ten years.
• The compensation to be paid for the study and testimony.

New Mexico does not have significant deviations from the federal standards regarding these requirements, but disclosure practices may vary based on case types or specific court orders.

Scope and Authorship of the Report

In New Mexico, the expert typically drafts and signs their own report. However, counsel may be involved in the preparation process to ensure compliance with procedural requirements and clarity of expression. The extent of permissible attorney involvement is generally limited to procedural guidance and should not extend to substantive alterations. The scope of the report may vary depending on the type of expert testimony or the complexity of the case.

Missing, Deficient, and Untimely Reports

Failure to provide an expert report, or providing one that is incomplete or late, can result in significant consequences. Under NM [Rule 1-037](), a party that fails to disclose an expert or the expert’s opinions as required may face the exclusion of that expert’s testimony. Courts may also impose sanctions or grant continuances to address such deficiencies. It is essential to adhere to the court’s deadlines and procedural requirements to avoid these penalties.

Original, Supplemental, and Rebuttal Reports

In New Mexico, distinctions exist between original, supplemental, and rebuttal reports:

• Original Reports: Submitted as part of the initial disclosure, outlining the expert’s primary opinions and bases.
• Supplemental Reports: Used to update or correct the original report based on new information or developments.
• Rebuttal Reports: Specifically address and counter the opinions presented by the opposing party’s experts.

The timing and purpose of supplemental and rebuttal reports are often governed by court scheduling orders, and disputes over these reports are handled on a case-by-case basis.

Relevant State Rules and Legal Requirements

New Mexico’s expert disclosure rules are primarily governed by NM Rule 1-026(B)(6). This rule allows for the discovery of expert identities and opinions in line with contemporary discovery practices. Key judicial interpretations can further clarify these rules, although no significant deviations from federal practices are noted. Communications between counsel and experts, as well as draft reports, are protected from discovery, similar to the federal Rule 26(b)(4) protections.

Courts in New Mexico hold discretion in managing expert disclosures, often issuing case-specific orders to guide the process. Adhering to these guidelines is critical to ensuring compliance and avoiding potential sanctions or exclusion of testimony.