(Applicable to Civil Actions)
(a) Timing. Unless the parties agree or the court in the interests of justice orders otherwise, each party shall set forth the following information in the pre-trial conference memorandum: the name, address, and qualifications of each expert a party intends to call, the subject matter on which the expert is expected to testify, the substance of all facts and opinions expected, and a summary of the grounds of each expert's opinion as detailed as would be expected in an answer to an expert interrogatory. The information as to any expert set forth in the pre-trial memorandum must be signed by that expert in accordance with Superior Court Rule 30B. A scanned or facsimile signature is sufficient. Any party who has previously made such disclosure in response to an expert interrogatory may satisfy this requirement by appending such response to the pre-trial memorandum. No party may reserve the right to make a later disclosure. A party who fails to comply substantially with the terms of this Rule shall not have the right to call an expert at trial, but the court in its discretion may permit that party to do so upon such additional terms, if any, that the court may require.
(b) Certification. In addition to the signature of the party, every disclosure called for by Mass. R. Civ. P. 26(b)(4)(A)(i) regarding any expert who is retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony and whose testimony is to be presented at trial shall be signed by the expert so disclosed. The signature by the expert is a certification that the disclosure accurately states the subject matter(s) on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion to which the expert is expected to testify at trial.
As added October 24, 2012, effective January 1, 2013; amended October 26, 2016, effective January 1, 2017.