Articles by Expert Witnesses

There is a split in authority in the federal courts regarding the discoverability of attorney work product provided by counsel to his or her expert and in particular, the discoverability of draft expert reports. Most jurisdictions have ruled that the 1993 amendment to the Federal Rules of Civil Procedure makes it clear that any materials provided by counsel to a testifying expert is discoverable, including information contained in draft reports.

Trial judges perform a “gatekeeping” function, deciding whether to admit or to exclude expert witness testimony as trial evidence. Trial judges often apply the four factors articulated in the Supreme Court Daubert decision in their judicial decisions regarding the admission of expert testimony. This discussion summarizes the evidentiary considerations regarding (1) the level of certainty in the causation of economic damages and (2) the level of certainty in the measurement of economic damages.