Kentucky Expert Witness Rules: What Litigators Need to Know

Kentucky civil litigation imposes clear but flexible requirements for expert witnesses. Guided by the Kentucky Rules of Civil Procedure (CR) and Kentucky Rules of Evidence (KRE), the state emphasizes early identification of experts, the disclosure of substantive opinions, and adherence to the Daubert reliability standard. Particularly in medical malpractice, personal injury, and product liability cases, expert testimony is often a prerequisite to reaching trial, making strategic compliance with expert rules essential.

Designation Requirements

Kentucky requires the disclosure of expert witnesses through written discovery and case management orders, but it does not require a separate motion for designation. Under CR 26.02(4), parties must disclose:

• The name and address of each expert
• The subject matter of expected testimony
• The substance of the facts and opinions the expert will offer
• A summary of the grounds for those opinions

These disclosures often take place through interrogatory responses or are mandated by a scheduling order entered early in the litigation process. Courts in Kentucky expect specificity and timeliness. Failure to disclose experts or provide sufficient detail can result in exclusion under CR 37.02, Kentucky’s sanctions provision.

Expert Disclosure Process

Kentucky does not require the automatic production of full written expert reports, unless ordered by the court. Instead, expert exchange occurs through:

• Interrogatories and depositions
• Supplemental disclosures required by scheduling orders
• Pretrial disclosures under CR 26.05, which may include summaries of anticipated expert testimony

In practice, a party must disclose not only who the expert is and what they will say, but also:

• The data and methodologies the expert used
• The literature or evidence relied upon
• The expert’s credentials and experience
• Any compensation arrangement

For medical malpractice cases, Kentucky law also requires expert support to establish a breach of the standard of care, barring exceptions where negligence is “obvious to a layperson.” The expert’s opinion must be disclosed well before trial to survive dispositive motions.

Required Declarations

Kentucky does not require expert affidavits or declarations during the initial discovery phase. However, they are frequently required in summary judgment proceedings, governed by CR 56.05.

An expert affidavit submitted in support of or opposition to summary judgment must:

• Be based on personal knowledge
• Contain admissible facts
• Establish the expert’s competency to testify
• Provide the basis and reliability for the opinion offered

In medical negligence claims, courts may grant summary judgment for the defense if the plaintiff fails to submit an expert affidavit demonstrating a breach of the standard of care. This procedural requirement is critical in meeting Kentucky’s evidentiary burden at the pretrial stage.

Fees and Compensation

There is no statutory cap on expert witness compensation in Kentucky. Fees are negotiated privately, but they must be reasonable, particularly when an expert is deposed by the opposing party.

Under CR 26.02(4)(c), when a party takes the deposition of another party’s expert, it must pay:

• A reasonable fee for the expert’s time spent in deposition
• Additional compensation for preparation, if warranted

If a dispute arises, the court has discretion to determine reasonableness based on the expert’s credentials, the time invested, and the complexity of the subject matter.

Discovery Scope and Limitations

Discovery of expert witnesses in Kentucky is governed by CR 26.02(4). Parties are entitled to obtain:

• The identity and qualifications of experts
• The subject matter of their expected testimony
• A summary of their opinions and the basis for those opinions
• Data, documents, and literature used in forming conclusions

Discovery of non-testifying experts—those retained solely in anticipation of litigation—is permitted only in exceptional circumstances, such as when the facts or analysis cannot be obtained otherwise.

Kentucky has not adopted the federal rule protections for draft reports and attorney-expert communications. These may be discoverable unless protected by the work-product doctrine, which applies to materials prepared in anticipation of litigation and not shared with the expert.

Admissibility Standards

Kentucky adopted the Daubert standard for expert admissibility through KRE 702, interpreted by the Kentucky Supreme Court in Tamme v. Commonwealth, 973 S.W.2d 13 (Ky. 1998) and reaffirmed in Miller v. Eldridge, 146 S.W.3d 909 (Ky. 2004).

Under KRE 702, expert testimony is admissible if:

1. The expert is qualified by knowledge, skill, experience, training, or education
2. The expert’s testimony is relevant to the issues in dispute
3. The opinion is based on sufficient facts or data
4. The opinion results from reliable principles and methods
5. The principles and methods have been reliably applied to the facts of the case

Kentucky trial courts serve as evidentiary gatekeepers, tasked with assessing the reliability of both the expert’s qualifications and their methodology. Challenges to expert admissibility are typically raised via pretrial motions in limine, and Daubert hearings are common in complex civil matters.

Key Deadlines & Strategy Notes

Expert-related deadlines in Kentucky are determined by case-specific scheduling orders, although general practices include:

• Initial expert disclosures: 90–120 days before trial
• Rebuttal experts: 30–60 days after initial disclosure
• Motions in limine or Daubert motions: Often due 30–45 days prior to trial
• Expert affidavits for summary judgment: Must accompany briefing under CR 56.05

In medical malpractice litigation, expert testimony must be disclosed well in advance of trial to survive summary judgment, as required under Blankenship v. Collier, 302 S.W.3d 665 (Ky. 2010).**

Strategically, early expert engagement is vital. Kentucky’s Daubert framework demands that attorneys not only confirm an expert’s qualifications, but also ensure the methodology and conclusions will withstand rigorous scrutiny in evidentiary hearings.

State-Specific Statutes & Local Rules

• CR 26.02(4): Governs expert discovery and depositions
• CR 56.05: Summary judgment affidavits and declarations
• KRE 702: Standard for admissibility of expert testimony (Daubert standard)
• Tamme v. Commonwealth, 973 S.W.2d 13 (Ky. 1998): Kentucky adopts Daubert
• Miller v. Eldridge, 146 S.W.3d 909 (Ky. 2004): Clarifies gatekeeping obligations
• Blankenship v. Collier, 302 S.W.3d 665 (Ky. 2010): Expert requirement in med-mal claims

Local courts, particularly in Jefferson, Fayette, and Kenton Counties, may issue tailored scheduling orders with specific expert disclosure protocols. Counsel must review judge-specific procedures to ensure timely compliance.