Expert Witness Blog

Are Expert Witness Tax Returns and Financial Information Discoverable in Massachusetts?

Discovery regarding expert witnesses is governed by Massachusetts’s Rules of Civil Procedure, Rule 26. MASS. GEN. LAWS. ANN. ch. 5, § 26 (West 2017). This rule allows for discovery of the fees and expenses paid to the expert to testify “as the court may deem appropriate.” Id. Case law is scant regarding financial information of expert witnesses, but it does note that the trial court is given discretion to determine whether something is discoverable or not. Judge Rotenberg Educational Center, Inc. v. Commissioner of the Dept. of Mental Retardation, 677 N.E.2d 127 (Mass. 1997).

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