EXPERTS AND EXPERT OPINION

An expert is a person qualified as an expert on the basis of knowledge, skill, experience,

training or education pertaining to a scientific, technical, or other specialized knowledge and this
knowledge will assist in understanding the evidence or to determine a fact in issue.

The opinion of the expert must be based on scientific, technical and/or specialized knowledge
that goes beyond the common or general knowledge available.

The testimony or evidence that the expert offers is treated with elevated importance, as
compared with the opinion of an eyewitness or lay witness and hence their expertise in the field
must be established.

CONSULTING EXPERT
An expert not expected to be called as a witness at trial by the other party. So, a consulting
expert is hired by a party only for the consultation purposes and for the preparation of the trial
and is not going to be called at the trial to testify.

The discovery rules related to Consulting Experts are not broad and a party may use discovery
process to discover the facts known or opinions of consulting experts only
i) Under the provisions of Rule 35 (b); or
ii) Upon showing of exceptional circumstances under which it is impracticable of the
party seeking discovery to obtain the facts or opinions by other means.

In most of the cases the opinion or facts known can be obtained by other means.
The largest category of cases in which such exceptional circumstances are found consists of
situations where physical evidence has changed before a party could make its own
investigation. For example, Yacht had been disassembled after plaintiff’s expert examined it.

TESTIFYING EXPERT
An expert expected to be called as an expert witness at the trial and expected to give his
testimony. Discovery rules pertaining to testifying experts are broad

A party in a lawsuit can by using Interrogatories ask the other party to disclose the following:

1. Name, telephone numbers and address of each and every expert witness which the
other party is going to call at trial.
2. The subject matter of the Expert’s testimony.
3. The substance of facts on which the expert is going to testify,
4. The opinions of the expert on the facts and subject matter
5. Summary of the grounds for each opinion.
6. And any such information about the expert that is relevant under the discovery rules.

A party has the right to depose each person who might be called as an expert witness at the
trial by other party. This right is subject to Discovery rules of Washington Court Rules (CR 30
and 31). CR 30 pertains to Deposition upon Oral examination and CR 31 pertains to Deposition
upon written questions. (Discussed in Depositions)
PAYMENTS IN CASE OF TESTIFYING EXPERTS:
Court SHALL require the party seeking discovery of a Testifying expert to pay
i) Expert a reasonable fee for the time spent in responding to discovery.

Court MAY require the party seeking discovery of Expert to pay other party to a fair portion of
the fees and expenses incurred by the other party in obtaining facts and opinions from the
expert.

PAYMENTS IN CASE OF CONSULTING EXPERTS:

Court SHALL require the party seeking discovery to pay
i) Expert a reasonable fee for the time spent in responding to discovery.
ii) The other party a fair portion of the fees and expenses incurred by the other party in
obtaining facts and opinions from the expert.

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INTERROGATORIES TO PARTIES (CR 33)

Any party may serve the other party with written interrogatories:
1. A defendant can serve the Interrogatories, without leave of court, upon the plaintiff after
the defendant has been duly served.
2. Also complainant can serve the interrogatories along with the Summons and Complaint.

FORM OF INTERROGATORIES
1. Interrogatories shall have a reasonable blank space after each question so that the
answering party can place his response.
2. If answering party chooses to answer on a separate page then it must clearly denote the
number of question to which the answer relates.

RESPONSE TO INTERROGATORIES
Each interrogatory shall be answered separately and fully in writing under oath and signed by
person making them.

If an answer is objected to then the reasons for objection shall be stated in lieu of an answer
and the objections signed by the attorney making them.

Interrogatories must be answered and/or objections (if any) within 30 days after the service of
the interrogatories, except that a defendant may serve answers or objections within 40 days
after service of the summons and complaint upon that defendant.

MOTION TO COMPEL DISCOVERY

The parties may move a Motion to Compel Discovery under rule 37 (a) with respect to any
objection or other failure to answer any interrogatory.
SUBJECT MATTER
Interrogatories may relate to any matters which can be inquired into under rule 26(b) (Discovery
Scope and Limits); and the answers may be used to the extent permitted by the Rules of
Evidence.

An interrogatory is not necessarily objectionable merely because an answer to the interrogatory

involves an opinion or contention that relates to fact or the application of law to fact, but the
court may postpone the answering until a pretrial conference or other later time.

An interrogatory is not objectionable merely because the party asking it

i) may access the requested information by other means: or
ii) has the burden of proof on the subject matter at trial:

WHEN ANSWER TO INTERROGATORY IS BASED ON BUSINESS RECORDS

Where the answer to an interrogatory may be derived or ascertained from the business records
of the answering party, it is sufficient answer to specify the records from which the answer may
be derived or ascertained and to afford to the party serving the interrogatory reasonable
opportunity to examine, audit or inspect such records and to make copies, compilations,
abstracts or summaries.

A specification shall be in sufficient detail to permit the interrogating party to easily locate and to
identify the records from which the answer may be ascertained.