Motion to Compel Disclosures of Expert Opinions in Delaware

What Is a Motion to Compel Disclosures of Expert Opinions?

Background

“C.R.C.P. 26(a) specifies that a party shall provide, without awaiting a discovery request, certain information to other parties.” (See People ex rel. S.L. (2017) 421 P.3d 1207, 1220.)

“C.R.C.P. 26(a)(2) governs expert disclosures and provides that a party shall disclose to other parties the identity of any expert who may present evidence at trial together with an identification of the person's fields of expertise.” (See id.)

“Once expert disclosures are made, the opposing party may seek discovery relating to an expert's opinion.” (See Garrigan v. Bowen (2010) 243 P.3d 231, 235.)

General Information for Complaints and Motions

“The new Rule 26(a)(2) requires a testifying expert specially retained for trial to produce before trial a written report or summary of her testimony which includes a complete statement of all opinions to be expressed and the basis and reasons therefor [and] the data or other information considered by the witness in forming the opinions." (See Gall v. Jamison (2002) 44 P.3d 233, 235.)

“The amended Rule 26(b)(4)(A) provides that [a] party may depose any person who has been identified as an expert whose opinions may be presented at trial.” (See id.)

Standard of Review and Burdens of Proof

“The admission of expert testimony is subject to review for an abuse of discretion." (See People in Interest of A.E.L. (2008) 181 P.3d 1186, 1193.)

“An abuse of discretion occurs only when the trial court's decision is manifestly arbitrary, unreasonable, or unfair.” (See People ex rel. S.L. (2017) 421 P.3d 1207, 1220.)

“A trial court necessarily abuses its discretion if its ruling is based on an erroneous view of the law.” (See People v. Voth (2013) 312 P.3d 144, 148.)

The Court’s Decisions

It is well settled that “C.R.C.P. 26(a)(2)(B)(I) requires that parties disclose certain information about their expert witnesses, including the compensation the witness is receiving and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.” (See Donelson v. Fritz (2002) 70 P.3d 539, 546.)

It is also well settled that “expert disclosures required under Rule 26(a)(2) and all of the discovery-related rules, especially Rules 30, 33, 34, and 36, ensure that the discovery process operates within clearly defined limits. Likewise, Rule 37 allows a trial court to sanction a party for failure to make a disclosure or cooperate in discovery.” (See Antero Res. Corp. v. Strudley (2015) 347 P.3d 149, 157.)

Documents for Motion to Compel Disclosures of Expert Opinions in Colorado

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Pulte Home Company LLC v. Ei Engineering LLC Dba Arcxis et al document preview

18 pages

DocuSign Envelope ID: C705E790-2699-416A-957D-9D2D471112DE EXHIBIT Master Professional Services Agreement Effective Date: 1/13/21 Company Full Legal Company Name: PulteGroup, Inc. DATE-FILEDA 4192024 54 PN …

Case Name Pulte Home Company LLC v. Ei Engineering LLC Dba Arcxis et al