77-17-13 - Expert testimony generally -- Notice requirements.
77-17-13. Expert testimony generally -- Notice requirements.
(1) (a) If the prosecution or the defense intends to call any expert to testify in a felonycase at trial or any hearing, excluding a preliminary hearing held pursuant to Rule 7 of the UtahRules of Criminal Procedure, the party intending to call the expert shall give notice to theopposing party as soon as practicable but not less than 30 days before trial or 10 days before thehearing.
(b) Notice shall include the name and address of the expert, the expert's curriculum vitae,and one of the following:
(i) a copy of the expert's report, if one exists; or
(ii) a written explanation of the expert's proposed testimony sufficient to give theopposing party adequate notice to prepare to meet the testimony; and
(iii) a notice that the expert is available to cooperatively consult with the opposing partyon reasonable notice.
(c) The party intending to call the expert is responsible for any fee charged by the expertfor the consultation.
(2) If an expert's anticipated testimony will be based in whole or part on the results ofany tests or other specialized data, the party intending to call the witness shall provide to theopposing party the information upon request.
(3) As soon as practicable after receipt of the expert's report or the informationconcerning the expert's proposed testimony, the party receiving notice shall provide to the otherparty notice of witnesses whom the party anticipates calling to rebut the expert's testimony,including the information required under Subsection (1)(b).
(4) (a) If the defendant or the prosecution fails to substantially comply with therequirements of this section, the opposing party shall, if necessary to prevent substantialprejudice, be entitled to a continuance of the trial or hearing sufficient to allow preparation tomeet the testimony.
(b) If the court finds that the failure to comply with this section is the result of bad faithon the part of any party or attorney, the court shall impose appropriate sanctions. The remedy ofexclusion of the expert's testimony will only apply if the court finds that a party deliberatelyviolated the provisions of this section.
(5) (a) For purposes of this section, testimony of an expert at a preliminary hearing heldpursuant to Rule 7 of the Utah Rules of Criminal Procedure constitutes notice of the expert, theexpert's qualifications, and a report of the expert's proposed trial testimony as to the subjectmatter testified to by the expert at the preliminary hearing.
(b) Upon request, the party who called the expert at the preliminary hearing shall providethe opposing party with a copy of the expert's curriculum vitae as soon as practicable prior to trialor any hearing at which the expert may be called as an expert witness.
(6) This section does not apply to the use of an expert who is an employee of the state orits political subdivisions, so long as the opposing party is on reasonable notice through generaldiscovery that the expert may be called as a witness at trial, and the witness is made available tocooperatively consult with the opposing party upon reasonable notice.
Amended by Chapter 290, 2003 General Session