Delaware Business Litigation Report

Court Of Chancery Limits Revisions To An Expert's report

IQ Holdings Inc. v. American Commercial Lines Inc.,  C.A. 6369-VCL (August 30, 2012)

When may an expert change his mind after he has provided his report under a court-ordered deadline?  This decision answers that question.  Briefly, absent agreement between all the parties, once the report is served, it may not be materially changed.  Of course, this just makes common sense if scheduling orders are to have any force.

What the expert is then to do when he realizes he has erred is a tough question.  Confession is said to be good for the soul and that probably applies here as well.  But the opposing party needs to be cautious as well, for nothing in this ruling bars a surprise during cross examination of its expert, who absent a correction by the opposing expert, may not be as prepared as he might have been with that disclosure.

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