Alaska Expert Witness Rules: What Litigators Need to Know

Expert testimony is vital in Alaska civil litigation, particularly in cases involving medical malpractice, professional negligence, engineering, and economic damages. The state’s rules governing expert witnesses are modeled largely on the federal system, with disclosure, discovery, and admissibility governed by the Alaska Rules of Civil Procedure and the Alaska Rules of Evidence. Courts in Alaska follow the Daubert standard to assess whether expert opinions are both relevant and reliable, and strict compliance with procedural rules is necessary to ensure admission of expert testimony.

Designation Requirements

Alaska does not require a formal motion to designate expert witnesses. Instead, expert disclosures are handled through Rule 26(a)(2) of the Alaska Rules of Civil Procedure, which requires the disclosure of any expert expected to testify at trial.

A party must disclose:

• The name and qualifications of each expert
• The subject matter of the testimony
• A complete statement of all opinions the expert will express
• The basis and reasons for each opinion
• The facts or data considered in forming the opinions
• Any exhibits the expert intends to use
• The expert’s compensation
• A list of publications and testimony from the past four years

These disclosures are typically required by the court’s scheduling order and must be made at least 90 days before trial, unless otherwise specified. Failure to properly disclose experts may result in exclusion under Rule 37(c)(1).

Expert Disclosure Process

Alaska’s expert disclosure rules are among the most detailed in the country. Under Rule 26(a)(2)(B), if the expert is retained or specially employed to provide testimony, the party must provide a written report prepared and signed by the expert.

This report must contain:

• A complete statement of all opinions the expert will offer
• The basis and reasoning for those opinions
• The data or information relied upon
• Any exhibits the expert intends to use
• The expert’s qualifications, including a list of all publications over the past ten years
• A list of all cases in which the expert has testified in the past four years
• The compensation rate for expert services

These reports are essential in complex litigation and failure to provide a timely or complete report can bar the expert from testifying at trial.

Required Declarations

Expert declarations are not required at the time of initial disclosure but are often necessary during summary judgment proceedings. Under Rule 56(e) of the Alaska Rules of Civil Procedure, supporting affidavits must:

• Be based on personal knowledge
• Present facts that would be admissible in evidence
• Show affirmatively that the affiant is competent to testify

In professional liability or technical tort cases, a sworn expert affidavit may be required to survive summary judgment, particularly when proving standard of care, breach, and causation.

Fees and Compensation

Expert fees in Alaska are determined by agreement between the party and the expert. There is no statutory cap. However, when one party seeks to depose an expert retained by the opposing party, Rule 26(b)(4)(C) requires that the deposing party pay a reasonable fee for the expert’s time.

Courts may intervene in fee disputes and evaluate the reasonableness of the rate based on:

• The expert’s field and experience
• The complexity of the testimony
• Market rates for similar experts

Preparation and travel time may be compensable if deemed necessary and not excessive.

Discovery Scope and Limitations

Alaska permits full expert discovery under Rule 26(b)(4). Parties may:

• Depose testifying experts
• Request the expert’s report and supporting materials
• Discover facts and data considered by the expert
• Obtain information regarding prior testimony and compensation

However, consulting experts who are retained in anticipation of litigation but not expected to testify are generally shielded from discovery unless exceptional circumstances are shown — for instance, when the expert’s analysis is unique or irreplaceable.

Draft reports and attorney-expert communications are typically protected under the work-product doctrine, though courts may allow discovery of facts or data the expert considered in forming opinions.

Admissibility Standards

Alaska follows the Daubert standard, codified in Rule 702 of the Alaska Rules of Evidence, and reinforced by state case law. Under this standard, trial courts act as gatekeepers, ensuring that expert testimony is not only relevant but also based on scientifically valid reasoning and methodology.

To be admissible under Rule 702, expert testimony must:

1. Be offered by a qualified expert
2. Be relevant to the issues in the case
3. Be based on sufficient facts or data
4. Be the product of reliable principles and methods
5. Reflect a reliable application of those methods to the facts of the case

In State v. Coon, 974 P.2d 386 (Alaska 1999), the Alaska Supreme Court formally adopted Daubert, emphasizing that trial judges must evaluate whether the expert’s methodology is scientifically sound and applicable to the facts in dispute. Courts may conduct pretrial Daubert hearings to resolve admissibility questions.

Key Deadlines & Strategy Notes

Expert-related deadlines are typically controlled by a Rule 16 scheduling order or case management order. Standard timelines in Alaska Superior Court include:

• Expert reports due: At least 90 days before trial
• Rebuttal reports: 30 days after initial reports
• Expert depositions: Must be completed before the discovery cutoff
• Motions to exclude (Daubert): Usually filed prior to the pretrial conference

Because Alaska courts enforce Daubert with rigor, early expert vetting is essential. Experts should be carefully selected, and their methods and conclusions must be clearly defensible in deposition and court. Delayed or vague disclosures can expose counsel to preclusion risks.

State-Specific Statutes & Local Rules

• Alaska R. Civ. P. 26(a)(2): Governs expert disclosures and reports
• Alaska R. Civ. P. 26(b)(4): Authorizes expert discovery
• Alaska R. Civ. P. 56(e): Affidavit requirements for summary judgment
• Alaska R. Evid. 702: Admissibility standard for expert testimony
• State v. Coon, 974 P.2d 386 (Alaska 1999): Alaska’s leading Daubert case

Attorneys should also review local rules or judge-specific standing orders, especially in Alaska’s Superior Court districts such as Anchorage, Fairbanks, and Juneau, which may impose customized scheduling orders or pretrial conference requirements for expert disclosures.