Under Rule 56.01(b)(4)(B) of the Missouri Rules of Civil Procedure, a party has the right to depose opposing experts to discover facts and opinions to which the expert is expected to testify at trial. Unless injustice would result, the court shall require that the party seeking discovery from an expert pay the expert a reasonable hourly fee for the time such expert is deposed.
In personal injury cases this means that the insurance company must pay the deposition fees of your medical expert. This rule is favorable to plaintiff’s as it removes what could be a prohibitive cost from the plaintiff’s ledger to the defendants. If the Defendant retains an expert of their own, then the Plaintiff would have to pay for this deposition fee.
Experts are generally not subject to interrogatories in Missouri. Only parties to a case are usually required to answer these. Experts may, however, be asked to disclose their background and qualifications that make them an expert.
Experts written reports are generally considered protected work product and not discoverable. If experts are deposed, they must produce all documents and materials the expert has reviewed. State ex rel. Tracy vs. Dandurand, 30 S.W.3d 831, 835 (Mo. 2000). Included within this definition is all materials that would normally fall under protected work product and even some documents that the expert reviewed but did not use in forming their conclusion. Attorneys have control of their experts and must use caution to not allow protected work product to be disclosed if damaging to their client’s case.
If you have a personal injury claim call The Gerring Law Firm at (314)-222-0066. Consultations are always free.
