expert-witness-designation

name	expert-witness-designation
title	Expert Witness Designation
description	Drafts expert witness designation documents satisfying FRCP 26(a)(2) or state equivalents. Covers qualifications, opinion summaries, methodology, compensation, and report integration. Use during discovery when disclosing retained experts to opposing counsel and the court.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/expert-witness-designation
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	litigation
language	en
tags	["drafting","pleading"]

Expert Witness Designation

Drafts a procedurally compliant expert designation that positions the expert's qualifications and opinions strategically while satisfying all disclosure requirements.

Prerequisites

Gather before drafting:

• Case info — caption, case number, court, judge, designation deadline
• Operative pleadings — to map disputed issues the expert addresses
• Expert details — full name, address, phone, email, title, current CV, engagement letter, preliminary reports/findings
• Prior testimony — cases testified in during previous 4 years (FRCP 26(a)(2)(B)(v))
• Prior designations — from other matters for consistency
• Compensation — hourly rates by activity type, total paid to date

Quick Start

1. Confirm governing rule (FRCP 26(a)(2) vs. state equivalent, e.g., CA CCP § 2034.260)
2. Identify each discrete opinion the expert will offer
3. Map every qualification to a specific case issue — no generic CV dumps
4. Draft opinion summaries with Daubert/Frye compliance built in
5. Attach or reference expert report per FRCP 26(a)(2)(B)

Document Structure

Front Matter

• Case caption matching court records
• Title: "[Party]'s Expert Witness Designation Pursuant to [Rule]"
• Governing rule citation
• Procedural context: timely designation, sequential/simultaneous exchange, rebuttal status

Expert Identification

• Full name, address, phone, email
• Precise subspecialty tied to case issues
  • Good: "Board-certified forensic pathologist specializing in biomechanics of traumatic injury"
  • Bad: "Medical expert"
• Current professional role

Qualifications Narrative

Present under FRE 702 framework:

• Education — degrees, institutions, honors, relevant fellowships/certifications
• Experience — positions relevant to disputed issues; quantify where possible ("performed over 500 of the procedure at issue")
• Credentials — licenses (jurisdiction, number, status), board certifications, professional memberships
• Publications — peer-reviewed articles on case-relevant topics, textbooks, treatises, editorial positions
• Prior testimony (4-year) — case name, court, jurisdiction, issues, depo/trial; note plaintiff vs. defendant balance; address prior Daubert exclusions proactively