The requirement to produce an expert's report in federal criminal cases reflects the belief that an early exchange of expert reports facilitates settlement, narrows the issues, and leads to earlier resolutions of disputes between the parties.
The court must set a time for the disclosures sufficiently before trial to allow a fair opportunity for each side to meet the others evidence. Rule 16(a)(G)(ii) and (b)(1)((C)((i) .
The court can set the timing by order or local rule.
Triggered by Defense Request or 12.2 Notice.
Disclose upon government’s production or with 12.2 Notice.
“a complete statement of all opinions.. . .”
The “complete statement must include all opinions the party intends to be elicited at trial during its case-in-chief, or during its rebuttal to counter testimony that the other party timely discloses”.
Complete is defined to include not only all opinions that will be elicited from the witness, but also the bases and reasons for those opinions.
The witnesses’ qualifications including publications in the last 10 years.
A list of all other cases during the previous 4 years where the expert has testified by deposition or trial.
The disclosures must be signed by the witness.
There is a continuing duty to supplement or correct each sides disclosure.
Failure to comply with Rule 16 requirements (including supplementation) may prohibit a party from introducing undisclosed evidence. Rule (d)(2)(C).
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Scott D. Hughes is a Federal Criminal Defense lawyer in Orange County and Los Angeles, California. He regularly practices before all the Federal District Courts in California.