86R13117 AJA-D
By: Geren H.B. No. 2825
A BILL TO BE ENTITLED
AN ACT
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.