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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosures and discovery regarding expert witnesses in |
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civil actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Civil Practice and Remedies Code, is |
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amended by adding Subchapter D to read as follows: |
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SUBCHAPTER D. EXPERT WITNESSES |
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Sec. 22.041. DISCLOSURE OF WITNESS IDENTITY. In addition |
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to any other disclosure required by the Texas Rules of Civil |
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Procedure, a party shall disclose to the other parties the identity |
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of any person the party may use to present expert testimony at |
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trial. |
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Sec. 22.042. EXPERT REPORT. Except as otherwise stipulated |
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or ordered by the court, if the witness is retained or specially |
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employed by a party to provide expert testimony in the case or is a |
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person whose duties as the party's employee regularly involve |
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giving expert testimony, the disclosure required by Section 22.041 |
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must be accompanied by a written report prepared and signed by the |
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witness. The report must include: |
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(1) a complete statement of all opinions to be |
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expressed by the witness and the basis and reasons for those |
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opinions; |
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(2) the facts or data considered by the witness in |
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forming the opinions; |
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(3) copies of any exhibits to be used to summarize or |
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support the opinions; |
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(4) the witness's qualifications, including a list of |
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all publications authored by the witness in the preceding 10 years; |
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(5) a list of any other cases in which the witness has |
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testified as an expert at trial or by deposition in the preceding |
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four years; and |
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(6) a statement of the compensation to be paid for |
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study and testimony in the case. |
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Sec. 22.043. EXPERT WITNESS NOT PROVIDING REPORT. Except |
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as otherwise stipulated or ordered by the court, if an expert |
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witness is not required to provide a written report under Section |
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22.042, the disclosure required by Section 22.041 must state: |
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(1) the subject matter on which the witness is |
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expected to present expert testimony; and |
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(2) a summary of the facts and opinions to which the |
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witness is expected to testify. |
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Sec. 22.044. TIME FOR DISCLOSURE. A party shall make |
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disclosures under this subchapter at the times and in the sequence |
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the court orders. Except as otherwise stipulated or ordered by the |
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court, a disclosure required by this subchapter must be made: |
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(1) not later than the 90th day before the date set for |
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trial; or |
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(2) if the evidence is intended solely to contradict |
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or rebut evidence on the same subject matter identified by another |
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party in a report or disclosure provided under Section 22.042 or |
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22.043, not later than the 30th day after the date the other party's |
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disclosure is made. |
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Sec. 22.045. SUPPLEMENTATION OF DISCLOSURE. A party must |
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supplement a disclosure made by the party under this subchapter: |
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(1) in a timely manner if the party learns that in some |
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material respect the disclosure is incomplete or incorrect, and if |
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the additional or corrective information has not otherwise been |
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made known to the other parties during the discovery process or in |
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writing; or |
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(2) as ordered by the court. |
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Sec. 22.046. DISCOVERY OF COMMUNICATIONS BETWEEN ATTORNEY |
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AND EXPERT WITNESS. (a) Subject to Subsection (b), a court in a |
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civil action may not order discovery of a communication made in |
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anticipation of litigation or deposition or for trial between a |
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party's attorney and a witness expected to provide expert testimony |
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in the action, regardless of the form of the communication and |
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regardless of whether the witness provides an expert affidavit or a |
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written report under Section 22.042. |
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(b) Subsection (a) does not bar discovery to the extent a |
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communication: |
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(1) relates to compensation for the witness's study or |
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testimony; |
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(2) identifies facts or data that the party's attorney |
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provided and that the witness considered in forming the opinions to |
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be expressed; or |
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(3) identifies assumptions that the party's attorney |
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provided and that the witness relied on in forming the opinions to |
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be expressed. |
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Sec. 22.047. DISCOVERY OF DRAFT REPORT OR DISCLOSURE NOT |
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PERMITTED. A court in a civil action may not order discovery of any |
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draft of a written report or other disclosure required by this |
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subchapter, regardless of the form in which the draft is recorded. |
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Sec. 22.048. SUPREME COURT RULES. Notwithstanding Section |
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22.004, Government Code, the supreme court may not amend or adopt |
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rules in conflict with this subchapter. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |