PSH attorneys Paul Kessimian and Dan Marran published an article for the American Bar Association’s Commercial & Business Litigation Committee: “Rule 26(e) Supplementation of Expert Reports: Not As Easy As It May Look.”
The article breaks down what to think about when you think about supplementation:
- Does the supplemental opinion evaluate new evidence that was unavailable at the time of the initial report?
- Does the “supplementation” effect a significant change in the expert’s proffered opinions?
- What is the risk of exclusion absent supplementation?
- Where are you in the case schedule?
- Is further discovery needed to cure potential prejudice to the other side?
- How does your opponent stand to benefit from a reciprocal opportunity to supplement?
Do the benefits outweigh the risks? Read the full article here (subscription may be required).