72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2494
 
LC 1286/HB 2494-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2494
 
                    By COMMITTEE ON JUDICIARY
 
                             May 21
 
  On page 1 of the printed bill, delete lines 9 through 30 and
delete page 2 and insert:
  ' A Disclosure required. Unless otherwise directed by the court
or agreed to by stipulation, a party must serve all other parties
with a notice that makes the disclosures required by section B of
this rule for any person who will testify at trial as an expert
witness under ORS 40.410.
  ' B Contents of disclosure.
  ' B(1) Disclosure generally. The disclosure required under this
section must contain: (a) The name and address of the person who
will testify as an expert witness; (b) The qualifications of the
expert witness, including a list of all publications authored by
the witness within the immediately preceding five years; (c) The
compensation paid or to be paid to the expert witness for
preparation for trial, including studies, and for the witness's
appearance at trial; and (d) A listing of any other cases in
which the witness has testified as an expert at trial or by
deposition within the preceding five years.
  ' B(2) Modification by court. Upon motion of any party, or upon
the court's own motion, the court may modify the required
disclosures of this section for good cause shown, or may enter
such protective orders as the court deems appropriate. If a party
seeks to disclose an additional expert witness after expiration
of the time allowed under section C of this rule, in addition to
any other showing the court may require, the party must establish
that at the time disclosure was required under section C of this
rule the party could not have reasonably anticipated the need for
the expert witness.
  ' C Time of disclosure.
  ' C(1) Initial disclosure. Unless otherwise directed by the
court or agreed to by stipulation, and subject to subsection (2)
of this section, the notice required by this rule must be served
at least 90 days before trial.
  ' C(2) Rebuttal disclosure. Within 45 days after service of
notice under subsection (1) of this section, any party may serve
a notice on all other parties that makes the disclosures required
by section B of this rule for any person who will testify at
trial for the party as an expert witness in rebuttal to the
testimony of an expert witness disclosed in a notice served under
subsection (1) of this section.
  ' D Supplemental notice. A party who has served notice under
this rule, including any party who has served notice under
subsection C(2) of this rule, must file a supplemental notice
that includes information about a previously disclosed expert
witness that was acquired after the notice was served if the
party discovers that the notice is incomplete or incorrect in
some material respect. Supplemental notice under this section may
not be used to disclose additional expert witnesses after
expiration of the time allowed under section C of this rule.
Supplemental notices under this section must be served no later
than 30 days before trial unless the discovery is made within the
30-day period preceding trial. If the discovery is made within
the 30-day period preceding trial, the supplemental notice must
be served within 24 hours after the party makes the discovery.
  ' E Depositions. An expert witness may not be deposed or
otherwise contacted by the parties to whom notice is given under
this rule except with specific authorization from the court and
only for the purpose of showing that the party offering the
testimony of the expert witness failed to comply with the
requirements of this rule.
  ' F Sanction. The court may not allow an expert witness to
testify at trial unless the party offering the testimony has
given notice of the name and address of the expert witness in the
manner required by this rule. The court may impose such other
sanctions as may be appropriate for failure to fully comply with
any other disclosure requirement of section B of this rule.
  '  { +  SECTION 3. + }  { + Section 2 of this 2003 Act applies
only to actions commenced as described in ORS 12.020 on or after
the effective  + }  { +  date of this 2003 Act. + } ' .
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