North Dakota Expert Witness Report Rules

Are Expert Witness Reports Required in North Dakota?

In North Dakota, expert reports are not automatically required by state law or court rules. Under N.D. R. Civ. P. 26(b)(4)(A), parties may utilize interrogatories to identify expert witnesses and obtain a summary of the facts and opinions to which the expert will testify. Although a detailed written report is not mandated, parties must disclose the expert’s opinions, often through reports prepared by the expert or summaries in interrogatory responses. Once these disclosures are made, experts can be deposed as a right under N.D. R. Civ. P. 26(b)(4)(A)(ii).

Disclosure Timing

The timing for disclosing expert opinions is typically governed by the court's scheduling order, which sets deadlines for expert witness disclosures, often requiring the plaintiff to disclose first. This order also establishes timeframes for completing expert depositions before the discovery cutoff. Failure to comply with disclosure requirements can lead to exclusion of testimony under Rule 37.

What is Required in a North Dakota Expert Witness Report?

While North Dakota does not require a detailed expert witness report by default, when such a report is provided, it usually includes:

• Opinions: A summary of the expert’s opinions related to the case.
• Bases for Opinions: The underlying facts or data informing the expert’s conclusions.
• Data Considered: Any data reviewed or relied upon by the expert.
• Exhibits: Any exhibits that will be used to support the expert’s testimony.
• Qualifications: A statement of the expert’s qualifications, including education and experience.
• Compensation: The terms of the expert’s compensation for the study and testimony.

North Dakota’s rules align with the federal approach in protecting draft reports and communications to facilitate open engagement with experts.

Scope and Authorship of the Report

The expert witness typically drafts and signs the report, although attorneys may assist in its preparation. The extent of attorney involvement is permissible as long as it does not compromise the expert’s independence or the authenticity of the opinions expressed. The scope of the report may vary depending on the nature of the expert testimony or the specific type of case involved.

Missing, Deficient, and Untimely Reports

Failure to provide an expert report, or providing one that is incomplete or late, can have significant consequences. Under Rule 37, the North Dakota courts may exclude the expert's testimony. Other potential court responses include sanctions or granting continuances to address deficiencies. The procedural rules emphasize the importance of timely and complete disclosures to ensure fair trial proceedings.

Original, Supplemental, and Rebuttal Reports

North Dakota does not specifically differentiate between original, supplemental, and rebuttal reports in its rules. However, the necessity for supplemental or rebuttal reports may arise depending on the developments of a case or new information. Courts generally handle disputes over these filings on a case-by-case basis, taking into account the context and timing of the disclosures.

Relevant State Rules and Legal Requirements

The relevant procedural requirements for expert witness disclosures in North Dakota are primarily governed by N.D. R. Civ. P. 26(b)(4)(A). This rule provides the framework for interrogatories and depositions related to expert witnesses, ensuring that parties have access to the necessary information to prepare for trial.

Key Points:

• [Rule 26](https://www.ndcourts.gov/legal-resources/rules/ndrcivp/26): Governs expert witness disclosure, allowing interrogatories and depositions.
• [Rule 37](https://www.ndcourts.gov/legal-resources/rules/ndrcivp/37): Addresses failures in disclosure, with potential consequences including exclusion of testimony.
• Court-Ordered Schedules: Typically dictate the timing for disclosures and depositions.

These rules closely resemble federal procedures but emphasize state-specific nuances, such as the non-mandatory nature of detailed expert reports unless specifically ordered by the court.