Texas Expert Witness Rules: What Litigators Need to Know

Texas courts impose specific procedural and substantive requirements for the use of expert witnesses in both civil and criminal cases. The Texas expert witness rules, governed primarily by the Texas Rules of Civil Procedure (TRCP) and Texas Rules of Evidence (TRE), dictate how experts must be designated, disclosed, and examined throughout the litigation process. Attorneys practicing in Texas must understand and navigate these rules with precision to ensure expert testimony is admitted and withstands scrutiny at trial.

Designation Requirements

Under TRCP Rule 194.3, a party must formally designate their expert witnesses in response to a proper discovery request. Unlike federal rules that mandate automatic expert disclosures, Texas requires that a party request expert designations through interrogatories or other discovery mechanisms. Failure to timely and properly designate an expert may result in exclusion under TRCP Rule 193.6, unless the party demonstrates good cause or the failure does not unfairly surprise or prejudice the other side.

Designations must clearly identify:

• The expert's name, address, and telephone number.
• The subject matter on which the expert will testify.
• The general substance of the mental impressions and opinions.
• A summary of the basis for those opinions.

Retained experts must also provide a written report if requested, containing a complete statement of opinions and the reasons and data supporting them.

Expert Disclosure Process

Texas does not follow the federal model of automatic expert disclosure. Instead, disclosure is triggered through formal discovery requests, particularly interrogatories and requests for production. This process encourages strategic planning, as parties are not compelled to disclose expert information until prompted.

In addition to the required disclosures, parties may also depose designated experts. For testifying experts, deposition is the primary tool for probing the scope and reliability of their opinions. Importantly, consulting experts who are not expected to testify remain protected from disclosure, unless exceptional circumstances exist.

Required Declarations

Texas law does not require formal affidavits or declarations from experts as part of the designation process. However, experts may be required to provide sworn statements or affidavits in specific procedural contexts, such as summary judgment motions under TRCP Rule 166a, or in healthcare liability claims governed by Texas Civil Practice and Remedies Code § 74.351, which mandates an expert report within 120 days of the defendant’s answer.

These reports must outline the applicable standard of care, the manner in which it was breached, and the causal connection to the alleged injury. Failure to produce an adequate expert report may result in dismissal with prejudice.

Fees and Compensation

Texas permits expert witnesses to receive reasonable compensation for their time, including deposition preparation and testimony. However, Rule 195.5(a) limits the scope of inquiry regarding compensation to the amount and source of payment. Courts may scrutinize fee arrangements, particularly if they indicate bias or impropriety. Moreover, a party seeking to depose an opposing party’s expert must tender a reasonable hourly rate for time spent at deposition under Rule 195.6.

While there is no statutory cap on expert fees, the fees must not be so excessive as to undermine the expert’s credibility. In practice, courts evaluate reasonableness based on the expert's credentials, prevailing market rates, and the complexity of the subject matter.

Discovery Scope and Limitations

Texas has delineated clear boundaries on what is discoverable in relation to experts. Under TRCP Rule 195, parties may:

• Discover the expert’s resume and bibliography.
• Examine prior testimony, publications, and written reports.
• Explore compensation details and data reviewed or relied upon.

Importantly, drafts of expert reports are protected under Rule 192.3(e), which limits discovery to final reports and materials considered in forming the opinion. Communications between attorneys and experts are largely protected unless they relate to compensation or identify assumptions provided by counsel that the expert relied upon.

Consulting experts remain shielded unless extraordinary circumstances make their findings uniquely relevant and otherwise inaccessible.

Admissibility Standards

Texas adheres to Rule 702 of the Texas Rules of Evidence, which largely mirrors the federal Daubert standard, but with some nuanced differences. The Texas Supreme Court clarified the standard in E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995), listing six non-exclusive factors to evaluate the reliability of expert testimony:

1. The extent to which the theory has been tested.
2. Whether the theory has been subjected to peer review.
3. The rate of error.
4. The existence of standards controlling the technique.
5. General acceptance within the relevant scientific community.
6. The expert's qualifications.

A trial court acts as a gatekeeper, assessing both the expert’s qualifications and the reliability of their methodology. Unreliable or speculative testimony is inadmissible, even if offered by a credentialed expert. Texas courts have consistently emphasized the need for a clear analytical link between data and opinion.

Key Deadlines & Strategy Notes

Key deadlines vary by court, but Texas generally follows a case-specific docket control order that will specify the deadline for expert designation, often 60–90 days before trial. Failure to meet these deadlines can preclude the expert from testifying at trial.

Strategically, attorneys should:

• Serve early and precise discovery requests for expert disclosures.
• Thoroughly vet expert credentials and methodology to survive potential Robinson challenges.
• Anticipate deposition inquiries and ensure experts are well-prepared to articulate the foundation of their opinions.

In health care liability claims, practitioners must also calendar the 120-day report deadline under § 74.351, as noncompliance is grounds for dismissal.

State-Specific Statutes & Local Rules

While TRCP and TRE form the foundation, local rules and standing orders of individual courts—particularly in larger counties such as Harris, Dallas, or Travis—may impose additional obligations or expectations regarding expert disclosure and discovery procedures.

Additionally, Texas Civil Practice and Remedies Code § 74.351 imposes specialized requirements in medical malpractice cases, including the mandatory expert report and qualifications standards. The statute requires that experts possess knowledge of accepted standards of care and must actively practice or teach in the same field as the defendant.

Finally, local variations in docket control orders, discovery limits, and pretrial motion requirements make it essential for attorneys to consult county-specific rules and communicate early with court coordinators to avoid procedural missteps.