Motion Practice: Any party may challenge the
admissibility of expert testimony offered by another party. The party seeking
to challenge the admissibility of expert testimony shall do so by motion as
soon as possible; preferably well in advance of the Final Pretrial
Conference. In the motion, the moving party shall identify the specific
opinion(s) that the movant seeks to exclude and the legal basis for exclusion,
together with sufficient background information to provide context. The movant
shall electronically file, in a searchable format, the relevant expert
report(s) and, if the expert was deposed, the full transcript of the expert’s
Meet & Confer: Many expert reports cover a wide variety of opinions. As a case gets closer to trial, it often becomes clear that a number of those opinions will not be offered at trial. The parties are required to meet and confer before the filing of any Daubert motion to ensure that the subjects of the motion are only the opinions that will be offered at trial. Seeking to bar an opinion the other side has no intention of soliciting is a waste of the parties' and the Court's time.
Hearing Procedures: The Court, upon request of a party or
on its own, may conduct a Daubert hearing. A Daubert hearing permits the
parties to examine the challenged expert in open court to develop his or her
testimony for purposes of evaluating its admissibility.
General Principles: The hearing shall be limited to the
issues raised in the Daubert motion, unless the Court indicates otherwise.
Although the expert at issue will testify, the hearing is not a forum to
develop the expert’s testimony for any purpose other than evaluating its
admissibility. The parties should avoid inquiry into undisputed issues of
admissibility. The Court encourages the parties, where possible, to stipulate
to any uncontested issues of admissibility, such as the expert’s
qualifications, prior to the hearing. The proponent of the expert is
responsible for procuring the expert’s attendance at the hearing.
Before the Hearing: One week prior to the hearing, the
parties shall file a Joint Report stating whether any party intends to present
testimony from any witness other than the expert at issue. The Court does not
anticipate that the parties will present any witness other than the expert at
issue. The Joint Report shall also include an exhibit list and copies of any
exhibits that the parties intend to use at the hearing.
The Hearing: The hearing will proceed as follows,
absent an order to the contrary: Opening Remarks (brief; if requested); Direct
Examination (proponent); Cross Examination (movant); Re-Direct Examination (if
requested); Re-Cross Examination (if requested); Closing Remarks (brief; if
After the Hearing: The parties shall not file
post-hearing briefs, unless ordered to do so by the Court.