Rhode Island Expert Witness Report Rules

Are Expert Witness Reports Required in Rhode Island?

In Rhode Island, expert witness reports are not universally mandated by state law or court rules. Under R.I. Superior Court Rule 26(b)(4), parties are required to disclose the identity of any expert witnesses expected to testify at trial, along with a summary of the facts and opinions to which the expert is expected to testify. This requirement aligns with the traditional model of expert discovery. While Rhode Island does not automatically require experts to prepare comprehensive written reports, if an expert has created a report or statement, it must be produced in discovery upon request. The timing of these disclosures is typically governed by a pre-trial scheduling order established by the court.

What is Required in a Rhode Island Expert Witness Report?

The content of an expert witness report in Rhode Island, when required, must include the substance of the expert's opinions and the basis for those opinions. The following elements are generally necessary if a report is produced:

• Opinions and Bases: A detailed outline of the expert's opinions and the underlying data or methodology supporting those opinions.
• Data and Exhibits: Any data considered or exhibits that the expert intends to use should be included.
• Qualifications and Compensation: Information on the expert’s qualifications and any compensation arrangements should be disclosed.

Rhode Island's requirements deviate from the federal standard by not mandating a comprehensive written report in every instance. Instead, the focus is on the substantive disclosure of opinions and facts.

Scope and Authorship of the Report

In Rhode Island, the expert typically drafts and signs their report, when such a document is prepared. The permissible extent of attorney involvement is limited to ensuring the report meets procedural requirements without altering the expert's opinions. The scope of the report may vary based on the type of expert testimony or case, with more detailed reports often required in complex litigation.

Missing, Deficient, and Untimely Reports

Failure to properly disclose an expert or their opinions in Rhode Island can result in significant consequences. Under Rule 37(b), courts may preclude the expert from testifying for non-compliance with discovery obligations. Potential responses to missing, deficient, or untimely reports include:

• Exclusion of Testimony: Experts may be barred from testifying if their reports are not adequately disclosed.
• Sanctions: Courts may impose sanctions for discovery violations.
• Continuances: In some cases, a continuance may be granted to allow for proper disclosure.

Original, Supplemental, and Rebuttal Reports

Rhode Island does not explicitly distinguish between original, supplemental, and rebuttal expert reports in its rules. However, the timing and necessity for such reports are typically governed by court orders or case-specific scheduling agreements. Disputes over these filings are handled on a case-by-case basis, with the court exercising discretion to determine their appropriateness.

Relevant State Rules and Legal Requirements

The primary rule governing expert witness disclosures in Rhode Island is R.I. Super. Ct. R. Civ. P. 26(b)(4), which outlines the requirements for identifying expert witnesses and disclosing their expected testimony. Notable differences from federal practice include the lack of a requirement for comprehensive written reports unless they have been prepared independently by the expert. Key cases interpreting these rules can provide further guidance on their application, though they must be reviewed in the context of specific procedural circumstances.