In Texas civil practice, expert disclosures are among the most critical deadlines a litigant must track. These deadlines govern when parties must identify expert witnesses, provide the substance of their opinions, and disclose the evidence on which those opinions are based. Missing an expert disclosure deadline can lead to automatic exclusion of the expert’s testimony and related evidence under Rule 193.6 of the Texas Rules of Civil Procedure, which can be case-dispositive long before trial.
Expert disclosure rules in Texas are shaped by a combination of statute, court rule, and judges’ scheduling orders. The framework under Texas Rule of Civil Procedure 195 reflects a system designed to promote early and fair disclosure of expert evidence so that discovery may proceed efficiently and trials are not delayed by late-emerging opinions.
What Are Expert Disclosures in Texas?
Expert disclosures are formal notifications a party must serve on all other litigants identifying the experts it intends to call at trial, whether retained or non-retained, along with a summary of the opinions the expert will offer and the underlying evidence. These disclosures serve two purposes: they inform the opposing party of the expert’s expected role in the case, and they narrow the scope of expert testimony to what has been properly articulated within the discovery process.
The content of an expert designation is not merely the expert’s name and address. Rule 195.2(c) requires that the disclosing party provide a fair summary of the expert’s opinions and the basis for those opinions. This means that conclusory labels or vague topic statements are insufficient: the summary must give opposing counsel and the court a clear understanding of what the expert believes and why.
When Are Expert Disclosures Due?
Unlike federal practice, Texas does not provide a single, uniform deadline for expert disclosures applicable to all cases. Instead, deadlines are usually set in one of three ways:
- Discovery Control Plans:
Under Texas Rule of Civil Procedure 190.3, cases subject to a Level 2 Discovery Control Plan (the default for most civil cases) require expert designations to be made sufficiently before trial to allow discovery and deposition, typically at least 90 days before the end of the discovery period. - Scheduling Orders:
Most judges issue a scheduling order in every civil case. These orders often contain explicit deadlines for expert designation that will control over the general guidance of Rule 190. The scheduling order may set expert deadlines relative to trial, discovery cutoff, or other intermediate dates. When a scheduling order exists, its deadlines ordinarily control as a matter of docket management. - Order of the Court:
In Level 1 (“limited discovery”) cases, or when a scheduling order has not been issued, the court may set a specific expert disclosure deadline. Parties need to be mindful that in such circumstances, the deadline may arrive much earlier than they expect.
Because expert disclosure deadlines are linked to the discovery period, and because scheduling orders can vary widely from court to court, it is essential to consult the controlling order early in the case and to calculate deadlines with precision. A miscalculation can lead to the exclusion of expert testimony under Rule 193.6, which provides that untimely disclosed witnesses are excluded unless the failure to timely disclose was neither intentional nor the result of conscious indifference and the opposing party would not be unfairly surprised by the witness’s testimony.
What Must Be Disclosed Under Texas Rule of Civil Procedure 195.5
Texas Rule of Civil Procedure 195.5 strictly defines the scope of required expert disclosures. When a party designates an expert who may testify at trial, the disclosure must include the information specified in the rule, and the substance of the expert’s testimony is limited to what is timely and properly disclosed.
Texas Rule of Civil Procedure 195.5(a) states a party must provide the following for any testifying expert: (1) the expert’s name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; (B) the expert’s current resume and bibliography; (C) the expert’s qualifications, including a list of all publications authored in the previous 10 years; (D) except when the expert is the responding party’s attorney and is testifying to attorney fees, a list of all other cases in which, during the previous four years, the expert testified as an expert at trial or by deposition; and (E) a statement of the compensation to be paid for the expert’s study and testimony in the case. Expert Reports. If the discoverable factual observations, tests, supporting data, calculations, photographs, or opinions of an expert have not been recorded and reduced to tangible form, the court may order these matters reduced to tangible form and produced in addition to the deposition.
Rule 195.5 makes clear that expert testimony at trial is limited to the opinions and subject matter that have been properly disclosed. Opinions that are not fairly summarized, or that go beyond the disclosed subject matter, are subject to exclusion. The disclosure requirement is therefore not a mere formality; it defines the permissible scope of expert testimony.
Failure to provide the information required by Rule 195.5 in a timely manner triggers the exclusion provisions of Rule 193.6, absent a showing of good cause or lack of unfair surprise or prejudice. As a result, careful compliance with the rule’s disclosure requirements is essential to preserving expert testimony for trial.erstand the expert’s anticipated testimony. For retained experts, written reports may accompany the designation, but the summary requirement remains the core obligation even when detailed reports are supplied.
Timing of Depositions and Supplementation
Expert depositions must be scheduled with awareness of the disclosure deadline and the discovery cutoff. In most courts, expert depositions take place after the disclosure deadline but before the end of discovery. It is not unusual for counsel to coordinate expert depositions so that issues identified in opposing experts’ summaries can be explored before trial preparation begins in earnest.
Rule 195 also contemplates supplementation of expert disclosures. If, after an expert has been designated, new information becomes available that affects the expert’s opinions, the designating party must timely supplement the disclosure. Failure to do so can expose an expert’s testimony to exclusion under Rule 193.6.
Consequences of Missing an Expert Deadline
Texas Rule of Civil Procedure 193.6 is unforgiving: absent a showing that a missed deadline was not the result of intentional or consciously indifferent conduct and that the opponent is not unfairly surprised, experts and related evidence that are not timely disclosed are excluded from trial. This rule applies to all aspects of expert testimony, including opinions, summaries, reports, and the underlying factual bases.
Courts in Texas consistently enforce expert disclosure deadlines and Rule 193.6 exclusions because late disclosures undermine the efficiency and fairness that expert deadlines are designed to protect. Even well-intentioned counsel can find that an overlooked scheduling order or miscalculated date results in the exclusion of a critical expert.
Best Practices for Managing Expert Deadlines
To avoid the severe consequences of missed expert deadlines, practitioners should:
- Calendar deadlines as soon as the scheduling order is entered.
Expert designation dates should be entered into case calendars immediately. - Work backward from discovery cutoffs and trial dates.
Understand how scheduling orders and discovery periods intersect. - Coordinate with opposing counsel early.
Agree on dates for expert depositions to ensure they occur before discovery ends. - Prepare summaries carefully.
Draft expert summaries that meet the “fair summary” requirement, then review them against the rule. - Plan for supplementation.
If new facts arise or opinions sharpen, timely supplement disclosures to avoid exclusion.
Conclusion
Expert disclosure deadlines are among the most consequential dates in a Texas civil case. They are not mere formalities; they shape the course of discovery, the admissibility of evidence, and the ability of parties to present their cases at trial. By understanding how these deadlines are set, what must be disclosed, and the consequences of non-compliance, practitioners can better navigate the civil litigation process with confidence and precision.