DCR 3.211 Expert Witnesses

  1. At the case management conference, or thereafter, the Court may limit the number of expert witnesses to be called by each party to avoid repetition and unnecessary expense.
  2. At the case management conference, or thereafter, the Court shall determine the time that identification of experts will be made by the parties.
  3. The parties shall comply with the provisions of K.S.A. 60-226(b)(6) with respect to the disclosure of expert testimony. A written report signed by the witnesses shall be furnished to all parties of record which shall contain a complete statement of all opinions to be expressed and the bases and reasons therefore. The disclosure shall include a current curriculum vitae setting out the qualifications of the expert and identifying all published and unpublished writings of the expert pertaining to the expert's opinions in the case. The disclosure shall also identify and provide copies of all other data, writings or exhibits upon which the expert relies upon to support his or her opinions in the case. Published writing may be identified by citation and need not be physically produced. Copies of the expert's unpublished writings shall be timely furnished upon request [with the report].
  4. If the expert's opinions are based on calculations, and or mathematic statistic, economic or other assumptions, the expert's report shall disclose in the report all calculations and assumptions the expert made or relied upon in forming opinions. The source of each assumption and or the manner in which each assumption was derived shall be specifically explained. Any calculations shall be completely shown, except when done using a specific computer program, in which case the specific program must be identified and each input made by the expert into the computer calculation shall be specifically set forth.
  5. The parties shall disclose the hourly rates of retained expert witnesses at the time of disclosure and shall produce all billing statements or documents evidencing the amount of money billed and the amount of time the expert has spent providing services in the case prior to the disclosure.
  6. At the status conference, or thereafter, the Court shall explore with counsel the possibility of using alternative means of discovery of the opinions of expert witnesses, however, the parties shall retain the right to depose opposing experts.
  7. Treating physicians may be identified as experts without the necessity of a full disclosure as set forth in this rule. However, if counsel anticipates using them for opinions other than causation, the nature and extent of this injury, and the reasonableness and necessity of past medical treatment and expenses, the full disclosure shall be made.

Revised: May 21, 2008