Bill Text: TX HB2825 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to disclosures and discovery regarding expert witnesses in civil actions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-08 - Left pending in committee [HB2825 Detail]

Download: Texas-2019-HB2825-Introduced.html
  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.
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