Exchange of Expert Witness Reports

Definition: The mandatory pre-trial exchange of expert witness reports and opinions between the parties in Florida litigation. Ensures both sides have advance notice of the opposing party's expert testimony and prevents trial by ambush.

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FL Expert Witness Report Exchange

FL expert reports (Rule 1.390): FL requires disclosure of name, qualifications, subject, opinions + grounds, and any reports; but NO mandatory written report (unlike federal FRCP 26(a)(2)). Discovery: primarily through depositions. Court may order written report. vs. Federal: detailed written report required (all opinions, basis, data, exhibits, qualifications, prior testimony, and compensation). Consequences of failure: exclusion, continuance, sanctions (Rule 1.380), and adverse inference. Many FL attorneys voluntarily prepare reports.

FL Rules

vs. Federal

Failure to Disclose

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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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