Kansas Rules Regarding Expert Witness Depositions and Interrogatories
Under Section 60-226(b)(5)(A) of the Kansas Statutes, a party may depose opposing experts whose opinions may be presented at trial. The Kansas rules do not provide a specific time limit for depositions. However, Section 60-230(d) provides that at any time during a deposition, the deponent or a party can move to end or limit the deposition because it is being conducted in bad faith. Further, if the deponent or party requests, the deposition must be postponed until the court issues an order regarding the matter. Experts generally are not subject to interrogatories in Kansas, as the Kansas rules instead provide for expert discovery through depositions as discussed, and written initial disclosures, which will be discussed in the following section.
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Kansas Expert Witness Reports and Disclosures Rules
The extent of disclosures required for expert witnesses in Kansas depends on expert’s role in the case. If the expert’s opinions will not be presented at trial, and instead was retained only for consulting purposes, Section 60-226(b)(5)(D) provides that the expert may not be subject to any discovery absent a showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means. The exceptional circumstances standard presents a high hurdle for a party seeking discovery of a consulting expert, and it appears that such a claim is rarely raised in the Kansas courts.
Next, if the expert is expected to testify at trial, Section 60-226(b)(6) requires the retaining party to affirmatively disclose the identity of the expert, the subject matter on which the expert will testify, and the facts and opinions to which the expert will testify. Finally, if the expert is retained or specially employed to testify in the case, or is one whose duties as the party’s employee regularly involve giving expert testimony, the required disclosure must also provide a summary of the grounds on which the expert’s opinions are based. These disclosures must be in writing, signed, served, and filed with the court.
Rules Regarding Lawyer-Expert Communications, Draft Expert Witness Reports, Expert Witness Notes, Etc. in Kansas
Section 60-226(b)(5)(B) of the Kansas Statutes protect from discovery drafts of the required expert disclosures discussed above, no matter the form of the draft. Section 60-226(b)(5)(C) then protects all attorney-expert communications from discovery, except those that relate to the expert’s compensation for the case, identify information that the attorney provided and the expert considered in forming his or her opinions, or identify assumptions that the attorney provided and the expert relied upon in forming his or her opinions.