Using expert witnesses in bankruptcy cases is common, especially when issues regarding the debtor’s financial assets and affairs arise. In an article for Riverside Lawyer magazine titled, “Expert Witnesses in Bankruptcy Proceedings: Pre-Trial Disclosures and Protections,” Senior Counsel Cathy Ta and Associate Claire Wu explain the main factors litigators should be cognizant of when using expert witnesses in bankruptcy cases.
According to Ta and Wu, although bankruptcy and other federal court litigation are similar procedurally, there are notable differences in bankruptcy court litigation between adversary proceedings and contested matters. Furthermore, the Federal Rules of Bankruptcy Procedure govern differently with respect to pretrial expert disclosures. Since pretrial expert disclosure requirements apply in adversary proceedings but not in contested matters, this impacts how trial preparation protections regarding experts under FRCP Rule 26(b)(4)may or may not apply in contested matters.