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Idaho Rules of Family Law Procedure Rule 404. Trial Preparation - Experts.

A. Experts expected to testify.  Discovery of facts known and opinions held by experts expected to testify, otherwise discoverable under the provisions of subdivision Rule 402.B and acquired or developed in anticipation of litigation or for trial, may be obtained by interrogatory and/or deposition, including:

1. a complete statement of all opinions to be expressed and the basis and reasons therefore;


2. the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions;


3. any qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years;


4. the compensation to be paid for the testimony;


5. and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.


B. Further discovery on motion and order.  Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to subdivision Rule 406, concerning fees and expenses as the court may deem appropriate.


C. No contact without permission.  No party shall contact an expert witness of an opposing party without first obtaining the permission of the opposing party or the court.


(Adopted April 2, 2014, effective for early adopters July 1, 2014, effective statewide July 1, 2015.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Roger S. Burdick
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller

Members of the
Idaho Court of Appeals

Chief Judge Molly J Huskey
Judge David W. Gratton
Judge Jessica M. Lorello
Judge Amanda K. Brailsford



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