Bill Text: TX HB2825 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to disclosures and discovery regarding expert witnesses in civil actions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HB2825 Detail]
Download: Texas-2019-HB2825-Introduced.html
86R13117 AJA-D | ||
By: Geren | H.B. No. 2825 |
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relating to disclosures and discovery regarding expert witnesses in | ||
civil actions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 22, Civil Practice and Remedies Code, is | ||
amended by adding Subchapter D to read as follows: | ||
SUBCHAPTER D. EXPERT WITNESSES | ||
Sec. 22.041. DISCLOSURE OF WITNESS IDENTITY. In addition | ||
to any other disclosure required by the Texas Rules of Civil | ||
Procedure, a party shall disclose to the other parties the identity | ||
of any person the party may use to present expert testimony at | ||
trial. | ||
Sec. 22.042. EXPERT REPORT. Except as otherwise stipulated | ||
or ordered by the court, if the witness is retained or specially | ||
employed by a party to provide expert testimony in the case or is a | ||
person whose duties as the party's employee regularly involve | ||
giving expert testimony, the disclosure required by Section 22.041 | ||
must be accompanied by a written report prepared and signed by the | ||
witness. The report must include: | ||
(1) a complete statement of all opinions to be | ||
expressed by the witness and the basis and reasons for those | ||
opinions; | ||
(2) the facts or data considered by the witness in | ||
forming the opinions; | ||
(3) copies of any exhibits to be used to summarize or | ||
support the opinions; | ||
(4) the witness's qualifications, including a list of | ||
all publications authored by the witness in the preceding 10 years; | ||
(5) a list of any other cases in which the witness has | ||
testified as an expert at trial or by deposition in the preceding | ||
four years; and | ||
(6) a statement of the compensation to be paid for | ||
study and testimony in the case. | ||
Sec. 22.043. EXPERT WITNESS NOT PROVIDING REPORT. Except | ||
as otherwise stipulated or ordered by the court, if an expert | ||
witness is not required to provide a written report under Section | ||
22.042, the disclosure required by Section 22.041 must state: | ||
(1) the subject matter on which the witness is | ||
expected to present expert testimony; and | ||
(2) a summary of the facts and opinions to which the | ||
witness is expected to testify. | ||
Sec. 22.044. TIME FOR DISCLOSURE. A party shall make | ||
disclosures under this subchapter at the times and in the sequence | ||
the court orders. Except as otherwise stipulated or ordered by the | ||
court, a disclosure required by this subchapter must be made: | ||
(1) not later than the 90th day before the date set for | ||
trial; or | ||
(2) if the evidence is intended solely to contradict | ||
or rebut evidence on the same subject matter identified by another | ||
party in a report or disclosure provided under Section 22.042 or | ||
22.043, not later than the 30th day after the date the other party's | ||
disclosure is made. | ||
Sec. 22.045. SUPPLEMENTATION OF DISCLOSURE. A party must | ||
supplement a disclosure made by the party under this subchapter: | ||
(1) in a timely manner if the party learns that in some | ||
material respect the disclosure is incomplete or incorrect, and if | ||
the additional or corrective information has not otherwise been | ||
made known to the other parties during the discovery process or in | ||
writing; or | ||
(2) as ordered by the court. | ||
Sec. 22.046. DISCOVERY OF COMMUNICATIONS BETWEEN ATTORNEY | ||
AND EXPERT WITNESS. (a) Subject to Subsection (b), a court in a | ||
civil action may not order discovery of a communication made in | ||
anticipation of litigation or deposition or for trial between a | ||
party's attorney and a witness expected to provide expert testimony | ||
in the action, regardless of the form of the communication and | ||
regardless of whether the witness provides an expert affidavit or a | ||
written report under Section 22.042. | ||
(b) Subsection (a) does not bar discovery to the extent a | ||
communication: | ||
(1) relates to compensation for the witness's study or | ||
testimony; | ||
(2) identifies facts or data that the party's attorney | ||
provided and that the witness considered in forming the opinions to | ||
be expressed; or | ||
(3) identifies assumptions that the party's attorney | ||
provided and that the witness relied on in forming the opinions to | ||
be expressed. | ||
Sec. 22.047. DISCOVERY OF DRAFT REPORT OR DISCLOSURE NOT | ||
PERMITTED. A court in a civil action may not order discovery of any | ||
draft of a written report or other disclosure required by this | ||
subchapter, regardless of the form in which the draft is recorded. | ||
Sec. 22.048. SUPREME COURT RULES. Notwithstanding Section | ||
22.004, Government Code, the supreme court may not amend or adopt | ||
rules in conflict with this subchapter. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an action commenced on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |