Colo. Civ. Acc. Pilot Proj. 10

As amended through Rule Change 2024(18), effective October 2, 2024
Rule 10 - Expert Discovery
10.1(a) In accordance with the case management order, each retained expert and any party or representative of a party who is testifying in part as an expert, shall furnish a report (in the form of the expert report set forth in Appendix C) signed by the expert, with each paragraph initialed by the expert, setting forth his or her opinions, and the reasons for them. Each expert witness report shall, at a minimum, contain:
1. a specific statement of the opinions by the expert and the facts and other information which form the basis for each opinion;
2. a listing of all of the material relied upon by the expert;
3. references to literature which may be used during the witness' testimony;
4. any then-existing exhibit prepared by or specifically for the expert for use at trial;
5. the witness' curriculum vitae including a list of publications over the last 10 years;
6. a list of all trial or deposition testimony given by the witness in the last four years;
7. an accounting of all time spent on the case; and 8. a fee schedule.
(b) The substance of each expert's direct testimony shall be fully addressed in the expert's report. Experts shall be limited to testifying on direct examination about matters disclosed in reasonable detail in their written reports.
(c) The parties shall obtain and voluntarily produce to all other counsel the files of their retained expert witnesses at the time the witness is disclosed. The expert has a continuing duty to make supplemental disclosures of new information and material obtained subsequent to the expert's production of his/her file. The court shall determine what, if any, portion of the supplemental information may be used at trial. See Appendix C for a complete list of what the expert's file shall include. Drafts of the expert report prepared by the expert are not required to be produced.
(d) There shall be no depositions or other discovery of experts.
10.2. Except in extraordinary cases, only one expert witness per side may be permitted to submit a report and testify in any given specialty or with respect to any given issue.
10.3. If any retained expert becomes unavailable to testify at trial, the court, upon good cause shown, should liberally grant a request for substitution by an equivalent expert. Any substituted expert remains subject to all requirements of PPR 10.

Colo. Civ. Acc. Pilot Proj. 10