Wisconsin Expert Witness Report Rules

Are Expert Witness Reports Required in Wisconsin?

In Wisconsin, expert witness reports are not universally required by state law or court rules. Instead, Wisconsin provides parties a mechanism for expert witness disclosure that allows a choice between submitting expert reports or conducting depositions. Under Wis. Stat. § 804.01(2)(d), parties may serve interrogatories demanding the identification of all expert witnesses expected to testify at trial, along with the substance of the facts and opinions to which the expert will testify, and a summary of the grounds for each opinion. If an expert has prepared a report, providing the expert's signed report can satisfy this requirement. If an expert report is furnished, the expert cannot be deposed except by leave of court. Conversely, if no report is provided, the party is entitled to depose the expert through a discovery deposition. This approach gives litigants the flexibility to choose the method of disclosure that best suits their strategy.

What is Required in a Wisconsin Expert Witness Report?

When an expert witness report is provided in Wisconsin, it must include several specific elements. These elements typically encompass:

• Opinions and Bases: A detailed account of the expert's opinions and the bases for these opinions.
• Data Considered: A summary of the data or other information considered by the expert in forming their opinions.
• Exhibits: Any exhibits that will be used to support the expert's opinions.
• Qualifications: The expert’s qualifications, including a list of publications authored in the past ten years.
• Compensation: A statement of the compensation to be paid for the study and testimony.

Although Wisconsin's requirements align closely with common standards, state-specific nuances exist, such as the conditional nature of report necessity based on party strategy and court orders.

Scope and Authorship of the Report

In Wisconsin, the expert witness typically drafts and signs their own report. However, attorneys may also be involved in preparing the report, provided that the expert maintains primary authorship and responsibility for the content. Attorney involvement should not overshadow the expert's independent judgment. The scope of the report may vary depending on the type of case or expert testimony, with more complex cases potentially requiring more comprehensive reports.

Missing, Deficient, and Untimely Reports

Failure to properly disclose an expert witness, whether through a missing, deficient, or untimely report, can result in significant consequences under Wis. Stat. § 804.12. Potential court responses include:

• Exclusion of Testimony: The expert may be barred from testifying at trial.
• Sanctions: The court may impose sanctions against the party failing to comply with disclosure requirements.
• Continuances: The court might grant a continuance to allow the affected party to address the disclosure deficiency.

These measures emphasize the importance of adherence to disclosure obligations.

Original, Supplemental, and Rebuttal Reports

Wisconsin law requires prompt supplementation of expert disclosures if any changes occur, as per Wis. Stat. § 804.01(5). This requirement encompasses the submission of supplemental reports that update or correct the expert's initial disclosures. While Wisconsin statutes do not explicitly distinguish between original, supplemental, and rebuttal reports, courts may interpret the rules to permit such distinctions based on the context of the case and the specifics of court orders.

Relevant State Rules and Legal Requirements

The primary statute governing expert witness disclosures in Wisconsin is Wis. Stat. § 804.01(2)(d), which provides the framework for choosing between expert reports and depositions. Notable case law interpreting these rules can provide additional guidance on their application. The rules in Wisconsin demonstrate a flexible approach, differing from the Federal Rules of Civil Procedure by allowing more discretion in disclosure methodology and timing, contingent on court orders and party agreements. For more detailed information, refer to the Wisconsin Rules of Civil Procedure.