The State Bar seeks public comment regarding a proposed new Rule of Procedure of the State Bar regarding disclosure and discovery regarding Expert Witnesses in State Bar proceedings.
Deadline: 5 p.m., July 30, 2018
Currently the Rules of Procedure have no special provisions for disclosing expert witnesses prior to the filing of pretrial conference statements or conducting discovery regarding expert witnesses. In cases where one or both of the parties intend to offer expert testimony, any late disclosure of such witnesses results in either continuances of scheduled trials or unfairness.
This proposed rule would govern the disclosure and discovery of expert witnesses, using the rules applicable to civil cases in the superior courts as a model, but creating a timeline consistent with State Bar Court proceedings.
On May 17, 2018, the Regulation and Discipline Committee of the Board of Trustees authorized a 60-day public comment period for a proposed amendment to Rules of Procedure of the State Bar.
This proposal, if adopted, would add a new rule that sets forth the procedure for disclosing expert witnesses and the formal exchange of information through discovery.
Following the public comment period, the proposed rules and any comments received will be reviewed by the Board of Trustees during its September 13-14, 2018 meeting.
No negative fiscal or personnel impact is anticipated.
Summary memo, with redline and clean version of rules attached.
Regulation and Discipline Committee
5 p.m., July 30, 2018
Antonia G. Darling
The State Bar Court
180 Howard St.
San Francisco, CA 94105
Please reference the specific rule number and title in your comments.