In accident cases, our lawyers make sure we know what expert testimony defendants are will see at trial. One weapon in our discovery arsenal is a good expert interrogatory.
Identify any and all experts you intend to call as witnesses, and whose reports you intend to mention and/or introduce at trial or in any Motion, including his/her area of expertise, and identify and attach to your Answers any and all written reports prepared by said experts, and indicate the content of any and all opinions reached by said experts and the factual basis for each such opinion and the amount of compensation paid to each such expert.
In its response, State Farm says, “Hey, cool your jets, we will produce experts pursuant to the discovery order.” Technically, State Farm’s answer is not satisfactory. This interrogatory, served with the Complaint, is due within 30 days of service. But there is the rule and there is the way things are done. Filing a motion to compel to answer an expert interrogatory before the scheduling order requires expert designations would be just too ticky-tacky. It is a tell to State Farm and the judge hearing the motion that you are more interested in fighting for the sake of fighting than really trying to engage in legitimate discovery.
So, we wait for the expert deadline. We get a cut and paste document that tells us absolutely nothing.