What is required for an expert report to be admissible before a trial?

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For an expert report to be admissible before a trial, it must be served on every party involved in the matter. This requirement ensures that all parties have the opportunity to review the findings and conclusions drawn by the expert, promoting transparency and fairness in the proceedings. The serving of the report allows each party to evaluate the relevance and credibility of the expert's opinions, and to prepare for any cross-examination that may take place during the trial.

While serving the report only to the opposing party might seem sufficient, it does not fulfill the legal obligation to keep all parties informed, which is essential in maintaining the integrity of the trial process. It is also important for the preparation of the case, as all parties need to have access to the evidence that will be presented.

Submitting a report at any time before trial is not permissible, as there are specific timelines and procedural rules that dictate when expert reports should be submitted to ensure orderly proceedings. Additionally, the requirement to include a summary of trial arguments is not standard for expert reports; the focus of the report is on the expert’s opinion and findings rather than on the legal arguments of the case. Thus, serving the expert report to every party involved is crucial for it to be deemed admissible.

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