Alabama Expert Witness Rules: What Litigators Need to Know

Expert witness testimony in Alabama is tightly regulated through a combination of procedural rules, evidentiary standards, and statutory requirements, especially in professional negligence and product liability cases. With the state’s formal adoption of the Daubert standard for admissibility and strict timelines for disclosure, attorneys must ensure their expert strategy is airtight well before trial. A failure to disclose an expert properly or establish admissibility under Alabama’s Rule 702 can result in exclusion and dismissal of key claims.

Designation Requirements

Alabama does not have a specific rule requiring the “designation” of expert witnesses by motion, but it does require parties to disclose expert witnesses as part of the discovery process, governed by Alabama Rule of Civil Procedure (ARCP) 26(b)(4). Disclosures typically occur via interrogatory responses or case management orders issued by the court.

A standard expert disclosure must include:

• The name and address of the expert
• The subject matter on which the expert is expected to testify
• A summary of facts and opinions to be offered
• The basis for those opinions

Courts may also order additional disclosures or the exchange of expert reports in complex cases. Failure to properly identify or supplement expert disclosures can result in sanctions or preclusion under ARCP 37.

Expert Disclosure Process

Alabama’s approach to expert exchange centers around interrogatories, depositions, and any disclosures required by pretrial orders. There is no general rule mandating expert reports like in federal court; however, such reports may be ordered by the court or agreed upon by parties.

Under ARCP 26(b)(4)(A)(i), the opposing party is entitled to discover:

• The expert’s opinions and conclusions
• The facts or data relied upon
• The expert’s qualifications and experience
• The compensation paid for the expert’s services

In medical malpractice cases, plaintiffs must comply with Ala. Code § 6-5-548, which requires expert testimony to establish the applicable standard of care, breach, and causation. Experts in such cases must meet specific licensure and practice qualifications and disclose early enough to satisfy evidentiary burdens.

Required Declarations

While Alabama does not require expert declarations for general disclosure purposes, they are frequently used in the following contexts:

1. Summary Judgment

Under ARCP 56(e), parties relying on expert opinion to support or oppose a motion for summary judgment must submit a sworn affidavit or declaration. The declaration must:

• Be made on personal knowledge
• Include admissible facts and opinions
• Show that the expert is competent to testify
• Provide the basis for the conclusions offered

These affidavits are essential in malpractice and products cases, where expert opinion is necessary to create a genuine issue of material fact.

2. Medical Malpractice Certification

While Alabama does not require a formal certificate of merit like some states, expert testimony is mandatory in nearly all malpractice cases. The absence of such testimony at the summary judgment stage results in dismissal under Ala. Code § 6-5-548(b).

Fees and Compensation

Expert witness fees in Alabama are not statutorily capped and are typically negotiated privately. However, ARCP 26(b)(4)(C) provides that:

• A party seeking to depose another party’s expert must pay a reasonable fee for the expert’s time

The court may intervene if the fee is contested. Reasonableness is determined based on the expert’s background, the complexity of the case, time spent in preparation, and prevailing rates in the field.

Discovery Scope and Limitations

Alabama permits structured expert discovery under Rule 26(b)(4). This includes:

• Interrogatories and depositions of testifying experts
• Requests for the basis of opinions, data reviewed, and reliance materials
• Disclosure of compensation arrangements

Discovery of non-testifying consultants—experts retained in anticipation of litigation but not expected to testify—is sharply limited and permitted only upon a showing of exceptional circumstances, such as where the facts are otherwise unavailable.

Alabama courts do not explicitly protect draft reports or attorney-expert communications under Rule 26, so these may be discoverable unless a specific privilege or protective order is asserted.

Admissibility Standards

In 2011, Alabama adopted the Daubert standard through an amendment to Ala. R. Evid. 702, replacing the former Frye standard. As clarified in Hannah v. Gregg, Bland & Berry, Inc., 840 So. 2d 839 (Ala. 2002) and Mazda Motor Corp. v. Hurst, 261 So. 3d 167 (Ala. 2017), Alabama courts now follow a rigorous gatekeeping model.

Under Rule 702(b)-(e), expert testimony is admissible only if:

1. The expert is qualified by knowledge, skill, experience, training, or education
2. The opinion is based on sufficient facts or data
3. The opinion is the product of reliable principles and methods
4. The principles and methods are reliably applied to the case
5. The testimony assists the trier of fact in understanding the evidence

Trial courts may conduct Daubert hearings to evaluate the reliability of methodology before trial. These are especially common in complex tort, toxic tort, and product liability cases where expert credibility is frequently challenged.

Key Deadlines & Strategy Notes

Expert deadlines in Alabama are not fixed by rule but are instead set by case management orders or trial scheduling orders. Common deadlines include:

• Initial expert disclosures: 90–120 days before trial
• Rebuttal expert disclosures: 30–60 days after initial disclosures
• Daubert motions or motions in limine: Typically due 30–45 days before trial
• Summary judgment motions: Due as set by scheduling order, usually with expert affidavit support

In medical malpractice actions, expert testimony must be disclosed early enough to satisfy the plaintiff’s burden under Ala. Code § 6-5-548. Without it, the court may dismiss the claim at summary judgment.

State-Specific Statutes & Local Rules

• ARCP 26(b)(4): Expert discovery procedures
• ARCP 56(e): Expert affidavits at summary judgment
• Ala. R. Evid. 702(b)–(e): Daubert-based admissibility of expert testimony
• Ala. Code § 6-5-548: Medical malpractice expert standards and evidentiary burden
• Mazda Motor Corp. v. Hurst, 261 So. 3d 167 (Ala. 2017): Key Daubert ruling
• Hannah v. Gregg, Bland & Berry, Inc., 840 So. 2d 839 (Ala. 2002): Gatekeeping standard explained

Some local courts, including those in Jefferson, Mobile, and Madison counties, may issue individualized scheduling orders with detailed disclosure deadlines and formats. Always review the assigned judge’s requirements.