Effective January 1, 2009, the Connecticut Practice Book rules for expert disclosure changed dramatically.  The new rules apply to every case, whether new or pending.  Changes to Practice Book Rule § 13-4 include:

• What is included in the disclosure
• When to send disclosures
• Obligation to provide expert’s complete file
• Disclosures with regard to treating physicians
• Scheduling order requirements
• Expert fees for depositions
• Sanctions & Preclusions

The Official Commentary to the 2009 amendments states that: “The revisions to this section are intended to facilitate meaningful depositions of experts and discovery of the reports and records of such experts.”  They are designed to ward off surprises, and aim for practicality.

The old rule was criticized because a party could have his expert precluded if he wasn’t disclosed in a timely fashion.  The strict requirement of the old rule for disclosure of expert witnesses within 90 days from the closing of the pleadings was criticized bv everybody.  The new rules provides for a scheduling order, similar to that in Federal court, where the parties can plan the timing of the disclosure fairly. 

Under the new rules, parties have an affirmative duty to disclose each person who may be called by that party to testify as an expert witness at trial, and all documents that may be offered in evidence in lieu of such expert testimony.  This is a change from requiring opposing partie to request disclosure.  Under the old rules, disclosures were sometimes ruled inadequate and important testimony would thus be precluded by a judge.  Under the new rules, the disclosure will be deemed adequate, as long as it puts the other party on fair notice.

The party disclosing the expert is required to disclose the expert’s file to the other side prior to the deposition.  This will reduces surprises at the deposition, and will allow for a more thorough cross-examination of the expert.

If the expert is a treating physician of the plaintiff, the medical records and reports of any such treatment should suffice.  Treating physicians are given somewhat of an exemption from the more detailed disclosure of an expert.  The rules provide for the real difference between treating doctors and retained experts.

There is a major change as to deposition of experts in the explicit exemption of preparation time in cost recovery.  The new rule is much more specific about the parameters of “reasonable fee."

The final section of the new rule sets forth the procedure for the imposition of sanctions for non compliance with the rule.  A hearing is required prior to the imposition of sanctions.