Federal practice; expert-related rules

Article Abstract:

Federal Rule of Civil Procedure 37(c)(1) bars the introduction at trial of expert demonstrative evidence which has not been timely disclosed. Addressing demonstrative evidence in a scheduling or pretrial order can avoid this preclusion risk. Parties should come to an agreement on the timing for a production and exchange of expert demonstrative exhibits and place it in the form of an agreed order for the court to sign. Rule 37(c)(1)'s automatic bar does not apply to evidence which has been disclosed out of time with "substantial justification"

Evidence, Demonstrative, Demonstrative evidence, Discovery (Law)

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Federal practice; expert depositions

Article Abstract:

The Federal Rules of Civil Procedure dealing with the expert disclosure requirement, the supplementation requirement, and the preclusion remedy of Rule 37(c)(1) are discussed.Factors to be considered in deciding whether an expert should be deposed are listed, as are the factors courts weigh in deciding whether supplementation has been fair.

Management, Depositions

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Federal practice; new expert rules

Article Abstract:

The 2000 changes in Federal Rules of Evidence 701-703 on expert and hearsay evidence are discussed. Rule 701 covers lay opinion testimony, and Rule 702, expert testimony, stressing that such evidence must be based on sufficient facts, and Rule 703, which precludes the use of otherwise inadmissible data requiring an expert's opinion.

Evidence, Hearsay, Hearsay evidence

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