Texas 2019 - 86th Regular

Texas House Bill HB2825 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13117 AJA-D
2	2	By: Geren H.B. No. 2825
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to disclosures and discovery regarding expert witnesses in
8	8	civil actions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 22, Civil Practice and Remedies Code, is
11	11	amended by adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. EXPERT WITNESSES
13	13	Sec. 22.041. DISCLOSURE OF WITNESS IDENTITY. In addition
14	14	to any other disclosure required by the Texas Rules of Civil
15	15	Procedure, a party shall disclose to the other parties the identity
16	16	of any person the party may use to present expert testimony at
17	17	trial.
18	18	Sec. 22.042. EXPERT REPORT. Except as otherwise stipulated
19	19	or ordered by the court, if the witness is retained or specially
20	20	employed by a party to provide expert testimony in the case or is a
21	21	person whose duties as the party's employee regularly involve
22	22	giving expert testimony, the disclosure required by Section 22.041
23	23	must be accompanied by a written report prepared and signed by the
24	24	witness. The report must include:
25	25	(1) a complete statement of all opinions to be
26	26	expressed by the witness and the basis and reasons for those
27	27	opinions;
28	28	(2) the facts or data considered by the witness in
29	29	forming the opinions;
30	30	(3) copies of any exhibits to be used to summarize or
31	31	support the opinions;
32	32	(4) the witness's qualifications, including a list of
33	33	all publications authored by the witness in the preceding 10 years;
34	34	(5) a list of any other cases in which the witness has
35	35	testified as an expert at trial or by deposition in the preceding
36	36	four years; and
37	37	(6) a statement of the compensation to be paid for
38	38	study and testimony in the case.
39	39	Sec. 22.043. EXPERT WITNESS NOT PROVIDING REPORT. Except
40	40	as otherwise stipulated or ordered by the court, if an expert
41	41	witness is not required to provide a written report under Section
42	42	22.042, the disclosure required by Section 22.041 must state:
43	43	(1) the subject matter on which the witness is
44	44	expected to present expert testimony; and
45	45	(2) a summary of the facts and opinions to which the
46	46	witness is expected to testify.
47	47	Sec. 22.044. TIME FOR DISCLOSURE. A party shall make
48	48	disclosures under this subchapter at the times and in the sequence
49	49	the court orders. Except as otherwise stipulated or ordered by the
50	50	court, a disclosure required by this subchapter must be made:
51	51	(1) not later than the 90th day before the date set for
52	52	trial; or
53	53	(2) if the evidence is intended solely to contradict
54	54	or rebut evidence on the same subject matter identified by another
55	55	party in a report or disclosure provided under Section 22.042 or
56	56	22.043, not later than the 30th day after the date the other party's
57	57	disclosure is made.
58	58	Sec. 22.045. SUPPLEMENTATION OF DISCLOSURE. A party must
59	59	supplement a disclosure made by the party under this subchapter:
60	60	(1) in a timely manner if the party learns that in some
61	61	material respect the disclosure is incomplete or incorrect, and if
62	62	the additional or corrective information has not otherwise been
63	63	made known to the other parties during the discovery process or in
64	64	writing; or
65	65	(2) as ordered by the court.
66	66	Sec. 22.046. DISCOVERY OF COMMUNICATIONS BETWEEN ATTORNEY
67	67	AND EXPERT WITNESS. (a) Subject to Subsection (b), a court in a
68	68	civil action may not order discovery of a communication made in
69	69	anticipation of litigation or deposition or for trial between a
70	70	party's attorney and a witness expected to provide expert testimony
71	71	in the action, regardless of the form of the communication and
72	72	regardless of whether the witness provides an expert affidavit or a
73	73	written report under Section 22.042.
74	74	(b) Subsection (a) does not bar discovery to the extent a
75	75	communication:
76	76	(1) relates to compensation for the witness's study or
77	77	testimony;
78	78	(2) identifies facts or data that the party's attorney
79	79	provided and that the witness considered in forming the opinions to
80	80	be expressed; or
81	81	(3) identifies assumptions that the party's attorney
82	82	provided and that the witness relied on in forming the opinions to
83	83	be expressed.
84	84	Sec. 22.047. DISCOVERY OF DRAFT REPORT OR DISCLOSURE NOT
85	85	PERMITTED. A court in a civil action may not order discovery of any
86	86	draft of a written report or other disclosure required by this
87	87	subchapter, regardless of the form in which the draft is recorded.
88	88	Sec. 22.048. SUPREME COURT RULES. Notwithstanding Section
89	89	22.004, Government Code, the supreme court may not amend or adopt
90	90	rules in conflict with this subchapter.
91	91	SECTION 2. The change in law made by this Act applies only
92	92	to an action commenced on or after the effective date of this Act.
93	93	SECTION 3. This Act takes effect September 1, 2019.