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ARTICLE · 15 DECEMBER 2025

Why Jurisdiction Shapes What Testifying Experts Can Say Before And During Trial

In a perfect world, an expert's testimony wouldn't change just because the courtroom does.

United StatesLitigation, Mediation & Arbitration

In a perfect world, an expert's testimony wouldn't change just because the courtroom does. But those who work in complex litigation know the reality: state rules can dramatically alter what experts must disclose before trial and what they're allowed to say during it.

While federal court offers a familiar playbook, the guidance can shift—sometimes subtly, sometimes drastically—regarding what's permissible in certain state courts. These differences affect everything from how teams collaborate with experts to how tightly testimony on the stand must track disclosures. And as matters increasingly span multiple jurisdictions, understanding these variations isn't just procedural awareness; it's a strategic advantage. Let's examine the spectrum of these guidelines and how they shift by location.

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