Texas Expert Witness Report Rules

Are Expert Witness Reports Required in Texas?

In Texas, expert witness reports are not universally required under state law or court rules for all civil cases. Instead, the disclosure of expert witness information is governed by Texas Rule of Civil Procedure 194 and Rule 195, which mandate the disclosure of the identity of testifying expert witnesses and the information regarding their opinions. While a formal expert report is not always mandatory, parties must disclose the subject matter on which the expert will testify and provide a brief summary of the expert's opinions, or produce a report if one has been provided by the expert (Tex. R. Civ. P. 194.2 & 195). The timing of these disclosures is dictated by the court’s scheduling order or default rules, often requiring plaintiffs to designate experts at least 90 days before the end of the discovery period.

In addition to these general rules, Texas has a specific statute for medical malpractice cases. Under Tex. Civ. Prac. & Rem. Code § 74.351, a plaintiff must serve an expert report within 120 days of the defendant’s answer. This report is a crucial threshold requirement in medical malpractice cases, as failure to timely serve this report results in mandatory dismissal of the case.

What is Required in a Texas Expert Witness Report?

When a written expert witness report is required or provided in Texas, it must typically include:

• A statement of the expert's opinions and the basis for those opinions.
• 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, including publications authored in the previous ten years.
• The compensation paid for the expert's study and testimony.

Though Texas generally follows federal standards for expert disclosures, deviations exist, particularly in the medical malpractice context where specific statutory requirements apply (Tex. Civ. Prac. & Rem. Code § 74.351).

Scope and Authorship of the Report

In Texas, the expert witness should draft and sign their report, ensuring that the opinions are their own. While attorneys may assist in the preparation of the report, excessive attorney involvement can lead to questions about the independence of the expert’s opinions. The scope of the report may vary depending on the type of case or testimony, with more detailed reports required for complex cases or where court orders specify additional requirements.

Missing, Deficient, and Untimely Reports

Failure to provide an expert report, or providing one that is incomplete or late, can lead to significant consequences in Texas. Under Tex. R. Civ. P. 193.6, undisclosed experts or opinions are subject to exclusion from evidence. Courts may also impose sanctions or grant continuances to address deficiencies. In medical malpractice cases, failure to serve the required expert report results in mandatory dismissal under Tex. Civ. Prac. & Rem. Code § 74.351.

Original, Supplemental, and Rebuttal Reports

Texas rules distinguish between original, supplemental, and rebuttal reports. An original report provides the foundational opinions of the expert. Supplemental reports may be necessary if new information arises, and they must be disclosed in accordance with the court’s scheduling order. Rebuttal reports respond to opposing experts and are also subject to the court’s timing and procedural requirements.

• Original Reports: Initial disclosure of expert opinions.
• Supplemental Reports: Updates to original opinions based on new information.
• Rebuttal Reports: Responses to opposing expert opinions.

Disputes over the timing and content of these reports are typically resolved by the court, often under the guidance of Tex. R. Civ. P. 194 and 195.

Relevant State Rules and Legal Requirements

The primary procedural rules governing expert disclosures in Texas are found in Tex. R. Civ. P. 194 and 195. These rules outline the requirements for the disclosure of expert witnesses and their opinions. Tex. Civ. Prac. & Rem. Code § 74.351 specifically addresses expert reports in medical malpractice cases, imposing stringent requirements and consequences for non-compliance.

Key cases interpreting these rules emphasize the necessity of following procedural timelines and the potential for exclusion of testimony if disclosures are not properly made. Texas courts generally align with federal practices but maintain distinct procedures, especially in specialized cases like medical malpractice, underscoring the importance of adherence to state-specific rules and statutes.