Section 2.18 Duty to Supplement

• Library: Discovery 2015

When, after being deposed, an expert bases the expert’s opinions on new or different facts, the party seeking to use the expert witness at trial must disclose the new information to the opposing party. See Gassen v. Woy, 785 S.W.2d 601 (Mo. App. W.D. 1990); see also Rule 56.01(b)(4)(b). But courts have found that no sanction will be imposed for failure to supplement an expert’s deposition testimony when there is no resulting prejudice to the opposing party. See, e.g., Long v. Mo. Delta Med. Ctr., 33 S.W.3d 629 (Mo. App. S.D. 2000); Tax Increment Fin. Comm’n of Kansas City v. Romine, 987 S.W.2d 484 (Mo. App. W.D. 1999). Moreover, if...