Expert materials disclosed must satisfy Rule 26(b)(4) requirements.

In this personal injury matter, the defendant filed a motion in limine to exclude the plaintiff’s two treating doctors from testifying at trial. The deadline for the plaintiff’s “expert disclosures” was July 30, 2019. In a letter dated June 11, 2019, plaintiff ‘s counsel identified two of the plaintiff’s doctors, indicating they would testify in accordance with “medical records” produced by the plaintiff. The court reiterated that Rule 26(b)(4) requires disclosure of each expert’s identity, the opinions of each expert and the bases for those opinions. Medical notes may suffice if they provide this information. The court found that one of the proposed expert’s medical records did not provide the necessary disclosure, but merely stated that he made a diagnosis of driving phobia and post-traumatic stress disorder. Nonetheless, the court found that excluding this proposed expert would be too harsh a consequence and gave the plaintiff two weeks to supplement the disclosure.

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