Vermont Expert Witness Report Rules

Are Expert Witness Reports Required in Vermont?

In Vermont, the rules governing expert witness disclosures closely mirror the federal framework, with specific nuances. Vt. R. Civ. P. 26(b)(5)(A) outlines that a party must, upon interrogatory, identify any expert witness expected to testify at trial and provide the substance of the facts and opinions, along with a summary of the grounds for each opinion. For experts specially retained to provide testimony, a detailed statement or expert witness report of the expert's opinions is often expected, though not explicitly mandated, under the rule (Vt. R. Civ. P. 26(b)(5)(A)). The timing for disclosing these reports typically follows a court-established schedule, with plaintiffs generally required to disclose their expert reports first, followed by the defendants.

What is Required in a Vermont Expert Witness Report?

An expert witness report in Vermont should include several key components to meet procedural expectations:

• Opinions and Bases: The report must clearly outline the expert's opinions and the basis for each opinion.
• Data and Exhibits: Any data considered in forming the opinions and relevant exhibits should be included.
• Qualifications and Compensation: The expert’s qualifications must be detailed, and the compensation for testimony disclosed.

While Vermont’s rules generally align with the federal standards, unique state-specific requirements may apply depending on case type or court orders.

Scope and Authorship of the Report

In Vermont, the expert witness must typically draft and sign the report, although attorneys may assist in preparing it. However, the extent of attorney involvement is limited to avoid influencing the expert's independent opinions. The report's scope can vary based on the nature of the expert testimony or the specific case type. For instance, in complex litigation, more detailed reports may be necessary.

Missing, Deficient, and Untimely Reports

Failure to provide a timely, complete expert witness report can have significant consequences. Under Vt. R. Civ. P. 37(c), the court may exclude the expert's testimony if the disclosure requirements of Rule 26 are not met. Other potential court responses include imposing sanctions or granting continuances to rectify deficiencies.

Original, Supplemental, and Rebuttal Reports

Vermont distinguishes between original, supplemental, and rebuttal expert reports, with each serving a specific purpose. An original report discloses the expert's primary opinions. Supplemental reports update or correct information in the original report, typically due to new evidence. Rebuttal reports counter the opposition’s expert findings. Timing for these reports generally follows court scheduling orders, and disputes over their filing can be subject to judicial discretion.

Relevant State Rules and Legal Requirements

Vermont’s expert disclosure requirements are primarily governed by Vermont Rules of Civil Procedure 26(b)(5)(A). The rule requires disclosure of expert identities and opinions and allows for expert depositions following initial disclosures (Vt. R. Civ. P. 26(b)(5)(A)(ii)). Additionally, Vermont adheres to the Daubert standard under Rule of Evidence 702 for evaluating the reliability of expert testimony, though this pertains to admissibility rather than disclosure standards. Notable case law interpreting these rules provides further guidance on compliance and procedural expectations.