Mississippi Expert Witness Rules: What Litigators Need to Know

Mississippi courts rely heavily on expert witness testimony in civil litigation, particularly in areas like medical malpractice, toxic torts, and complex commercial disputes. The state has adopted rules closely aligned with the Federal Rules of Civil Procedure and Evidence, with important distinctions in disclosure timing, expert qualifications, and admissibility. Attorneys practicing in Mississippi must comply with expert disclosure obligations under the Mississippi Rules of Civil Procedure and prepare their witnesses for heightened scrutiny under the Daubert standard.

Designation Requirements

Mississippi does not require a formal expert “designation” by motion. Instead, experts are disclosed through Rule 26(f) scheduling orders and interrogatory responses under Miss. R. Civ. P. 26(b)(4).

When disclosing an expert, the party must provide:

• The name and qualifications of the expert
• The subject matter of their expected testimony
• A summary of opinions and their factual basis
• Any written reports prepared by the expert

This disclosure is mandatory for all testifying experts. Failure to comply can lead to exclusion under Rule 37(b), particularly if the omission results in surprise or prejudice to the opposing party. Timing of the disclosure is often governed by the court’s scheduling order, which must be closely followed.

Expert Disclosure Process

Mississippi requires expert disclosures through written discovery or as directed by case management orders. Disclosures must include:

• The expert’s identity, field of expertise, and contact information
• A detailed summary of the expert’s opinions
• The basis and reasons for each opinion
• Materials relied upon, including publications or data
• Prior testimony over the last four years
• The compensation arrangement

Although full expert reports are not required in every case, medical malpractice and products liability cases often demand detailed reports either voluntarily or by court order.

Depositions of testifying experts are permitted after these disclosures, and any party may challenge the sufficiency of disclosure under Rule 26(b)(4).

Required Declarations

Mississippi does not require expert affidavits at the initial disclosure stage, but they are frequently necessary during summary judgment proceedings under Miss. R. Civ. P. 56(e). Affidavits must:

• Be made on personal knowledge
• Set forth facts admissible in evidence
• Show that the affiant is competent to testify to the matters asserted

In medical malpractice actions, expert affidavits are essential to survive summary judgment. Mississippi law requires proof of breach of the standard of care and proximate causation, which almost always necessitates expert testimony.

Fees and Compensation

Expert witness fees in Mississippi are governed by market rates and are typically negotiated between the expert and the retaining party. There is no statutory cap, but the deposing party is responsible for paying the expert a reasonable fee for time spent preparing for and attending the deposition.

Under Miss. R. Civ. P. 26(b)(4)(C), the court may determine what constitutes a reasonable fee if the parties disagree. Factors include the expert’s credentials, the complexity of the field, and customary rates.

Discovery Scope and Limitations

Expert discovery in Mississippi is governed by Miss. R. Civ. P. 26(b)(4). Parties are entitled to:

The expert’s identity and qualifications

• The substance of their opinions
• The basis and supporting documents
• A record of prior testimony and compensation

Draft reports and attorney-expert communications may be protected under the work-product doctrine, especially if they reflect legal strategy or mental impressions. However, factual materials and data considered by the expert are discoverable.

Non-testifying consultants—experts retained only for trial preparation—are shielded from discovery absent exceptional circumstances, such as the inability to obtain the information by other means.

Admissibility Standards

Mississippi courts follow the Daubert standard for expert testimony, as adopted in Miss. R. Evid. 702 and reinforced by Mississippi case law, particularly Mississippi Transp. Comm’n v. McLemore, 863 So. 2d 31 (Miss. 2003).

Under Rule 702, expert testimony is admissible if:

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

Courts are expected to serve as gatekeepers, ensuring that the expert’s methodology is both reliable and relevant. Mississippi judges frequently conduct pretrial Daubert hearings, particularly in high-stakes litigation involving scientific or technical evidence.

Key Deadlines & Strategy Notes

Expert disclosure deadlines in Mississippi are typically set in the case management order (CMO), and failing to meet these can be case-dispositive. Typical timeframes include:

• Plaintiff’s expert disclosure: 90–120 days before trial
• Defendant’s expert disclosure: 30–60 days after plaintiff’s
• Rebuttal expert deadline: 30 days prior to trial
• Expert depositions: Completed before discovery cutoff
• Motions to exclude (Daubert): Due prior to final pretrial conference

Practitioners should calendar all CMO deadlines and supplement disclosures as needed to avoid preclusion under Rule 37. Expert discovery should begin early, especially in cases involving standard of care, causation, or economic damages, where expert opinions are indispensable.

State-Specific Statutes & Local Rules

• Miss. R. Civ. P. 26(b)(4): Governs expert discovery and disclosure
• Miss. R. Civ. P. 56(e): Affidavit requirements for summary judgment
• Miss. R. Evid. 702: Admissibility of expert testimony
• McLemore v. Mississippi Transp. Comm’n, 863 So. 2d 31 (Miss. 2003): Key Daubert decision in Mississippi
• Miss. R. Civ. P. 37(b): Permits exclusion for discovery violations

Practitioners should also consult local court rules and individual judge protocols, particularly in counties such as Hinds, Harrison, and Rankin, where standing orders may impose additional formatting or deadline requirements for expert disclosures.