Rhode Island Expert Witness Rules: What Litigators Need to Know

Expert witnesses are integral to civil litigation in Rhode Island, particularly in matters involving professional negligence, product liability, personal injury, and complex economic damages. While Rhode Island’s procedural rules share similarities with the Federal Rules of Civil Procedure, the state maintains a more traditional and less formalistic approach to expert disclosure and discovery. Admissibility, however, is governed by a Daubert-like standard, meaning experts must base their opinions on reliable methodologies and data.

Designation Requirements

Rhode Island does not require expert designation by motion or a formal declaration. Instead, the identification and disclosure of expert witnesses occur through interrogatories, case scheduling orders, or pretrial memoranda, as governed by Rhode Island Superior Court Rules of Civil Procedure Rule 26(b)(4).

Disclosure must include:

• The identity of each expert expected to testify
• The subject matter of the testimony
• The substance of opinions to be expressed
• The basis for those opinions

If requested through discovery, this information must be provided with sufficient detail to allow opposing counsel to evaluate the testimony and prepare for cross-examination. Failure to comply with expert disclosure obligations may result in exclusion under Rule 37(c), particularly where the non-disclosure causes prejudice or unfair surprise.

Expert Disclosure Process

Unlike jurisdictions that require written expert reports, Rhode Island generally does not mandate such reports unless ordered by the court. Discovery under Rule 26(b)(4) permits parties to request information concerning:

• The substance and basis of expert opinions
• The expert’s qualifications and experience
• Documents, data, or materials relied upon
• The expert’s compensation
• A list of prior testimony over the past four years

Courts may issue scheduling orders establishing deadlines for expert disclosures and depositions. In the absence of a court order, the parties are expected to exchange information in good faith.

In medical malpractice cases, Rhode Island does not require a pre-filing certificate of merit. However, expert testimony is still necessary to establish the applicable standard of care and causation, and early disclosure is critical to withstand dispositive motions.

Required Declarations

Expert declarations are not routinely required at the time of disclosure. However, under Rule 56(e) of the Rhode Island Superior Court Rules, a party must submit an affidavit or declaration from an expert when opposing or supporting a motion for summary judgment where expert testimony is necessary.

These affidavits must:

• Be made on personal knowledge
• Present facts admissible in evidence
• Affirm that the witness is competent to testify on the matters stated

Affidavits are particularly important in medical negligence or technical product liability cases where expert opinion is necessary to establish an essential element of the claim or defense. Courts may grant summary judgment if a party fails to provide expert evidence in proper form.

Fees and Compensation

Rhode Island does not impose statutory limits on expert witness fees. Experts are compensated based on private arrangements with retaining counsel. However, when an opposing party deposes an expert, Rule 26(b)(4)(C) requires the deposing party to pay a reasonable fee for the expert’s time.

Courts may resolve disputes over what constitutes a reasonable fee, and excessive billing, especially for preparation or travel, may be reduced if deemed unnecessary or disproportionate.

Discovery Scope and Limitations

The scope of expert discovery in Rhode Island is defined by Rule 26(b)(4). Parties may obtain:

• The expert’s opinions and supporting rationale
• Documents, publications, and materials relied upon
• The expert’s CV, credentials, and past testimony
• Compensation arrangements

Parties may depose testifying experts following disclosure. However, consulting experts—those not expected to testify—are shielded from discovery absent a showing of exceptional circumstances.

Draft expert reports and communications between counsel and experts are typically protected by the work-product doctrine, unless they include data or assumptions used in forming the expert’s opinions.

Admissibility Standards

Rhode Island adheres to a Daubert-like standard for expert admissibility, even though the state has not formally adopted the federal Daubert test. Under Rule 702 of the Rhode Island Rules of Evidence, expert testimony is admissible if:

1. The witness is qualified by knowledge, skill, experience, training, or education
2. The testimony will assist the trier of fact
3. The opinion is based on sufficient facts or data
4. The opinion is the product of reliable principles and methods
5. The expert has reliably applied those methods to the facts of the case

In DiPetrillo v. Dow Chemical Co., 729 A.2d 677 (R.I. 1999), the Rhode Island Supreme Court held that trial courts must ensure that expert testimony is both relevant and reliable, establishing a gatekeeping function similar to Daubert. Rhode Island courts evaluate:

• Whether the methodology is generally accepted
• Whether it has been tested and peer-reviewed
• The known or potential error rate
• Whether the method is reliable as applied

Pretrial hearings may be held to challenge the admissibility of expert testimony, particularly when scientific or technical opinions are at issue.

Key Deadlines & Strategy Notes

Rhode Island does not have uniform statewide deadlines for expert disclosures. Instead, deadlines are set in case-specific scheduling orders or through court-directed pretrial conferences. Common timelines include:

• Plaintiff’s expert disclosures: 90–120 days before trial
• Defendant’s expert disclosures: 30–60 days later
• Rebuttal disclosures: Due prior to close of discovery
• Expert depositions: Completed by discovery cutoff
• Motions to exclude experts: Typically due before or during pretrial hearings

Counsel should request clarity on expert deadlines early in the case and confirm whether written reports, affidavits, or pretrial summaries are expected by the presiding judge. Strategic early disclosure can also facilitate settlement by demonstrating the strength of a party’s evidentiary position.

State-Specific Statutes & Local Rules

• R.I. Super. Ct. R. Civ. P. 26(b)(4): Governs expert discovery
• R.I. Super. Ct. R. Civ. P. 37(c): Sanctions for failure to disclose
• R.I. Super. Ct. R. Civ. P. 56(e): Affidavit requirements for summary judgment
• R.I. R. Evid. 702: Admissibility standard for expert testimony
• DiPetrillo v. Dow Chemical Co., 729 A.2d 677 (R.I. 1999): Rhode Island’s leading case on expert admissibility

Attorneys should also consult Superior Court standing orders and local scheduling practices, especially in Providence and Kent Counties, where complex litigation may be assigned to judges with specific preferences regarding expert disclosure formatting and timing.