North Carolina Expert Witness Rules: What Litigators Need to Know

North Carolina applies a structured, rule-based approach to expert witnesses that closely mirrors federal procedures, especially after adopting the Daubert standard in 2016. Attorneys litigating in North Carolina must be vigilant in complying with disclosure obligations, admissibility standards, and court-imposed deadlines. Errors in expert handling—particularly in medical malpractice or complex tort litigation—can be fatal to a claim or defense.

Designation Requirements

There is no formal designation process by motion in North Carolina state courts. Instead, experts are identified through discovery disclosures and supplemental interrogatories. Under Rule 26(b)(4) of the North Carolina Rules of Civil Procedure, a party must disclose the identity of any expert expected to testify at trial, along with the subject matter and substance of the anticipated testimony.

In most civil cases, parties use Rule 33 interrogatories to elicit information about opposing experts. This includes not only the identity and qualifications of the expert but also the basis of their opinions and a summary of expected testimony. While designation may not be required by title, failing to timely disclose expert identity and opinions can lead to preclusion under Rule 37.

Expert Disclosure Process

Expert disclosures in North Carolina state courts are governed by Rule 26(b)(4) and shaped heavily by case management orders. Unlike in federal court, expert reports are not automatically required in all cases. However, a party may request disclosure of the expert’s opinions through interrogatories and may also depose the expert.

In most civil litigation, expert information must include:

• Name and professional background
• Subject matter of testimony
• Summary of opinions
• Bases for those opinions
• Documents relied upon

In medical malpractice cases, additional requirements apply. Plaintiffs must file a Rule 9(j) certification affirming that a qualified expert has reviewed the medical records and believes the care failed to meet the standard of practice. This must be included in the initial complaint or within a very short timeframe afterward.

Required Declarations

North Carolina does not mandate written declarations or affidavits from experts as a matter of routine disclosure. However, declarations become essential in motion practice—particularly in support of or opposition to summary judgment or Rule 702 admissibility challenges.

For medical malpractice claims, compliance with Rule 9(j) requires a good-faith certification by the attorney that the case has been reviewed by an expert who meets statutory requirements under N.C. Gen. Stat. § 90-21.12. Failure to satisfy this requirement leads to automatic dismissal.

Moreover, when summary judgment hinges on expert opinion, courts expect supporting affidavits or declarations signed by the expert to establish the factual foundation and methodology of their testimony.

Fees and Compensation

North Carolina does not impose statutory fee caps on expert witness compensation. Fees are privately negotiated between the party and the expert, but they must be reasonable.

When deposing an opposing expert, the requesting party must typically compensate the expert for time spent in deposition preparation and testimony. This is governed by Rule 26(b)(4)(C), which allows the court to impose reasonable terms and conditions for discovery, including expert compensation. If a dispute arises over what constitutes a reasonable fee, the court may intervene.

Discovery Scope and Limitations

Expert discovery in North Carolina includes both interrogatory responses and depositions. Under Rule 26(b)(4):

• Parties may obtain discovery of the identity and opinions of testifying experts
• Depositions are permitted after interrogatory disclosures
• Documents reviewed or relied upon must be disclosed

However, discovery of non-testifying or consulting experts is sharply limited and permitted only upon a showing of exceptional circumstances, consistent with federal Rule 26(b)(4)(B). Additionally, draft reports and attorney-expert communications are generally protected under the work-product doctrine, unless they contain discoverable factual information.

Admissibility Standards

In 2016, North Carolina formally adopted the Daubert standard via amendments to Rule 702 of the North Carolina Rules of Evidence. The state’s appellate courts have since reinforced a robust gatekeeping function for judges evaluating the reliability and relevance of expert testimony.

Under Rule 702(a), an expert’s testimony is admissible only if:

1. The testimony is based on sufficient facts or data;
2. It is the product of reliable principles and methods; and
3. The expert has applied those principles and methods reliably to the facts of the case.

The North Carolina Supreme Court in State v. McGrady, 368 N.C. 880 (2016), confirmed that trial courts must assess both the methodology and application of expert testimony to ensure scientific validity. This standard applies to all expert testimony—scientific, technical, or otherwise.

Key Deadlines & Strategy Notes

Deadlines for expert disclosure are typically controlled by the case management order (CMO) or scheduling order issued by the court. However, some general practices apply:

• Discovery deadline: Experts must be disclosed prior to the close of discovery
• Summary judgment: Expert declarations should accompany any motion based on professional standards or causation
• Motions to exclude: Must be filed before trial, subject to the court’s pretrial order

In malpractice cases, the Rule 9(j) certification must be filed with the complaint unless an extension is granted. This is a jurisdictional prerequisite and not subject to liberal construction.

Strategically, early retention and thorough vetting of experts is crucial. Because North Carolina courts now enforce Daubert rigor, attorneys must ensure that their experts are prepared to defend their methods, assumptions, and conclusions in pretrial hearings.

State-Specific Statutes & Local Rules

• Rule 9(j), North Carolina Rules of Civil Procedure: Certification requirement in med-mal cases
• Rule 702, North Carolina Rules of Evidence: Governs admissibility of expert testimony under Daubert
• N.C. Gen. Stat. § 90-21.12: Defines standard of care in medical malpractice actions
• Rule 26(b)(4), N.C. Rules of Civil Procedure: Controls expert discovery procedures

Many counties, especially those with high case volumes (e.g., Mecklenburg, Wake, Guilford), follow local case management protocols that may include unique deadlines or preferred formats for expert disclosures. Counsel should consult with the assigned judge’s local rules or chambers preferences to avoid procedural missteps.