II0-001 · Question #124
What Federal rule requires that all opinions of a witness giving expert testimony in civil litigation be written and signed; and the basis and reasoning therefore be formatted to include the data or…
The correct answer is A. Federal Rule of Civil Procedure 26 Section 2. Federal Rule of Civil Procedure 26(a)(2)(B) is the correct answer because it specifically governs expert witness disclosures in civil litigation, requiring a written and signed report that contains all the elements listed: opinions and their basis/reasoning, supporting data…
Question
What Federal rule requires that all opinions of a witness giving expert testimony in civil litigation be written and signed; and the basis and reasoning therefore be formatted to include the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions, the qualifications of the witness, including a list of all publications authored by the witness in the last 10 years, the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the proceeding four years?
Options
- AFederal Rule of Civil Procedure 26 Section 2
- BFederal Rule of Civil Procedure 28 Section 3
- CThere is no such rule
- DBoth statutes apply
How the community answered
(18 responses)- A72% (13)
- B6% (1)
- C6% (1)
- D17% (3)
Explanation
Federal Rule of Civil Procedure 26(a)(2)(B) is the correct answer because it specifically governs expert witness disclosures in civil litigation, requiring a written and signed report that contains all the elements listed: opinions and their basis/reasoning, supporting data, exhibits, the expert's qualifications and publication history (last 10 years), compensation, and prior testimony in other cases (last 4 years).
Option B is wrong because FRCP 28 deals with persons before whom depositions may be taken - it has nothing to do with expert report requirements. Option C is wrong because such a rule clearly exists and is routinely applied in federal civil cases. Option D is wrong because only Rule 26 governs this; Rule 28 has no overlapping provision on expert reports, so there is no "both apply" scenario.
Memory tip: Think "26 = Expert to Know" - Rule 26 governs what you must disclose before trial, and an expert's written report is the centerpiece of that disclosure obligation. The number 26 also loosely echoes "2(B)" - the subsection where the expert report requirement actually lives (Rule 26(a)(2)(B)).
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