72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1286
 
                           A-Engrossed
 
                         House Bill 2494
                   Ordered by the House May 21
             Including House Amendments dated May 21
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Medical Association, Oregon Association of Hospitals and Health
  Systems)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires disclosure of expert witnesses in civil actions  { +
unless directed by court or agreed to by stipulation + }.
Requires
  { - written report on testimony of witness, - }
 { + disclosure to contain name and address of expert
witness, + } qualifications of witness { + , list of other cases
in which witness has testified as expert at trial or by
deposition + } and compensation of witness. Prohibits use of
expert witness at trial if disclosure not made. Prohibits
deposition of expert witness except for purpose of showing
failure to comply with disclosure requirements. { +  Allows court
to modify disclosure requirements. + }
 
                        A BILL FOR AN ACT
Relating to expert witnesses.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of the Oregon Rules of Civil Procedure. + }
  SECTION 2.
                               { +
DISCLOSURE OF EXPERT WITNESSES + }
                               { +
RULE 42 + }
   { +  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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