Section 19.11 Experts (Retained and Nonretained)

• Library: Family Law Deskbook and 2014 Supp

D. (§19.11) Experts (Retained and Nonretained)

The discovery of the identity of experts, the facts known to them, and opinions held by them is in some sense limited. Through interrogatories, a party is entitled to discover the identity of all persons the other party expects to call as expert witnesses. Identification is to include the expert’s name, address, occupation, place of employment, and qualifications to give an opinion; in lieu thereof, the expert’s curriculum vitae may be attached to the interrogatory answers as a full response to the inquiry.

Additionally, through interrogatories, the party may discover the general nature of the subject matter on which the expert is expected to testify and the expert’s hourly deposition fee. Failure of a party to provide this information may result in the exclusion of the expert’s testimony. Millard Farms, Inc. v. Sprock, 829 S.W.2d 1 (Mo. App. E.D. 1991). Thereafter, discovery of facts and opinions to which the expert is expected to testify can be obtained only by way of deposition.

“Unless manifest injustice would result, the court shall require that the party seeking discovery from an expert pay the expert a reasonable hourly fee for the time such...