• The Federal Rules of Civil Procedure list specific guidelines on using expert witnesses in a civil lawsuit.The Great Court at British Library image by Sammy from Fotolia.com
  
  The Federal Rules of Civil Procedure are a list of rules that dictate the behavior and actions of parties involved in a civil lawsuit in any of the U.S. District Courts. In addition, the FRCP governs the administration of the legal process and specifies guidelines the presiding judge must follow. Chapter 5 covers depositions and discovery, and is further divided into rules. The guidelines for using expert witnesses in a lawsuit are outlined by Rule 26, "Duty to Disclose; General Provisions Governing Discovery."
  
  

Disclosure of Expert Testimony

• Section (a)(2) refers to the disclosure of expert witnesses and their testimony. No later than 90 days prior to trial, all parties must disclose the name of any expert witnesses planning to testify on any form of evidence during trial. In addition, an expert witness's identity must be accompanied by a written report, prepared by said expert on the form of evidence about which he has been asked to testify. Section (a)(2) also lists the matter that must be covered in any expert's report.
  
  

Trial Preparation: Experts - Expert Witness Depositions

• Section (a)(4) governs the testimony of expert witnesses. Subsection (4)(B) states that any expert witness who has been disclosed per Rule 26(a)(2) is subject to deposition by the opposing party. Any written reports prepared by the expert must be shared with the opposing party prior to the deposition.
  
  

Trial Preparation: Experts - Expert Witness Work Product

• Section (a)(4) further describes the work product of expert witnesses prepared in anticipation for trial as privileged, and prohibits any opposing party from investigating the opinions or work product of the expert through formal discovery unless that expert is also expected to testify at trial.