What happens when a party fails to disclose an expert witness?

Published for On the Civil Side on April 12, 2023.

Back in 2015, my former colleague Ann Anderson, wrote about legislation amending provisions in Rule 26(b)(4) dealing with expert witnesses in this post https://civil.sog.unc.edu/north-carolinas-expert-witness-discovery-rule-changes-and-clarifications/.

S.L. 2015-153, in an effort “to provide openness and avoid unfair tactical advantage in the presentation of a case at trial,” amended Rule 26 to require a party to disclose the identity of an expert witness that it may use at trial, regardless of whether the other party requested disclosure through discovery.

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