Q: What rule(s) support for late disclosure of an expert witness after stage of summary judgement but before trial?
Case has had lots of lawyer turnover on plaintiff side, court has found fault with lawyers and not plaintiff. In resetting timelines, expert witness deadline got overlooked. During deposition, one of witnesses from defendant side called john doe made statement saying "X" and cited source "Y". However when I looked at source "Y", it says very different about "x" that is relevant to case. Case survived summary judgement and now trial coming up in 2 months. Recently got an expert witness who is familiar with "Y" and commented on what "X" really is, which is very different than what Joe Doe said it was. With rule 26, Rule 703, rule 402, etc, not sure how to bring in this expert witness testimonal or writing so admissible in any form. Any suggestions? Please help?
A: If you have a lawyer- then this discussion should be with your lawyer. If you don't have a lawyer and assuming you are past your expert disclosure deadline- look up issues related to rebuttal witnesses. May need to file a motion to add a witness but may not have to if a rebuttal. You should discuss this with a lawyer.
Anthony M. Avery agrees with this answer
A: Generally speaking, there will be a Scheduling Order drafted by the parties and approved by the court. This governs the deadlines that you have to take expert testimony.
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