Expert Disclosures: Navigating the Distinction Between Retained and Non-Retained Experts

In 2010, Federal Rule of Civil Procedure 26 was amended to require full expert reports and other disclosures for retained expert witnesses, but only summaries of anticipated opinion testimony of non-retained experts. During the ensuing nine years, courts have weighed in on the distinctions between retained experts and non-retained experts. Even still, the distinctions are murky.