Ohio Expert Witness Report Rules

Are Expert Witness Reports Required in Ohio?

In Ohio, Ohio has recently revamped its civil procedural rules to align more closely with federal expert disclosure requirements. Under Ohio Rule of Civil Procedure 26(B)(7), parties are now mandated to identify all expert witnesses they intend to call at trial and to exchange written expert reports as a standard practice. This rule requires that these reports be disclosed according to the timeline set forth in the court's scheduling order, typically during the discovery phase and before trial. The party with the burden of proof is required to provide their expert reports first, followed by the opposing party's submission at a later date (Ohio R. Civ. P. 26(B)(7)).

What is Required in an Ohio Expert Witness Report?

An expert witness report in Ohio must include several key elements to comply with Rule 26(B)(7):

• A comprehensive statement of all opinions the expert will express at trial
• The basis and reasons for each opinion
• The data or other information considered by the expert in forming the opinions
• Any exhibits that will be used to summarize or support the opinions
• The expert’s qualifications, often provided in the form of a curriculum vitae
• A statement of the compensation to be paid for the study and testimony

Ohio's rules differ from the federal standard by explicitly requiring these components to ensure transparency and thoroughness in expert disclosures.

Scope and Authorship of the Report

The drafting and signing of an expert witness report in Ohio should primarily be the responsibility of the expert witness themselves. However, attorneys can be involved to the extent of ensuring that the report meets procedural requirements and adequately reflects the expert's opinions. The involvement of counsel should not extend to altering the expert's opinions or conclusions. The scope of the report may vary depending on the type of case or the nature of the expert testimony, but it must always adhere to the comprehensive requirements outlined by Rule 26(B)(7).

Missing, Deficient, and Untimely Reports

Failure to provide a required expert report, or the submission of a deficient or untimely report, can result in significant consequences under Ohio law. Courts may exclude the expert's testimony at trial if the report is not properly disclosed (Ohio R. Civ. P. 26(B)(7)). Sanctions may also be imposed, and in some cases, a continuance might be granted to allow for correction. Ohio's rules emphasize the importance of compliance to prevent unfair surprise and ensure equitable proceedings.

Original, Supplemental, and Rebuttal Reports

Ohio's procedural framework recognizes distinctions between original, supplemental, and rebuttal expert reports. Original reports are required disclosures under Rule 26(B)(7). Supplemental reports may be necessary if additional information becomes available or if corrections are needed. Rebuttal reports, though not explicitly termed as such in the state rules, would generally follow the opposing party’s disclosures to address any new issues raised. The timing and necessity of these reports often depend on the court's scheduling order or specific case management considerations.

Relevant State Rules and Legal Requirements

Ohio Rule of Civil Procedure 26(B)(7) governs expert disclosures, bringing substantial alignment with federal practices while maintaining state-specific nuances. The rule makes it clear that expert discovery, including the exchange of reports, is mandatory. Failure to comply with these disclosure obligations will lead to the exclusion of the expert's testimony at trial. No significant Ohio case law has further elaborated on these procedural requirements since the overhaul, leaving Rule 26(B)(7) as the primary guiding authority for expert witness disclosures in the state.