Expert Witnesses in Arkansas
In Arkansas, the definition of an expert witness comes primarily from Arkansas Rule of Evidence 702. Under Rule 702, a person is considered an expert if they possess knowledge, skill, experience, training, or education beyond that of an ordinary person, and their specialized knowledge will help the trier of fact (judge or jury) understand the evidence or determine a fact in issue.
Rules Governing Disclosure
Arkansas Rule of Civil Procedure 26(b)(4) governs discovery relating to expert witnesses. It allows parties to obtain information about the identity, opinions, and basis of any expert expected to testify at trial. Arkansas follows a “summary disclosure” model, rather than the mandatory written report model of Federal Rule 26(a)(2).
Expert discovery typically occurs through:
Interrogatories
Depositions
Document requests
A party must disclose:
Identity of the expert witness
Subject matter of testimony
Facts and opinions to which the expert will testify
Summary of the grounds for each opinion
These disclosures are usually obtained through interrogatories directed to the opposing party.
Admissibility Standards
Arkansas courts have adopted a reliability-based approach similar to the federal Daubert standard. The trial judge decides whether the expert testimony is admissible.
The judge must determine:
whether the expert is qualified, and
whether the methodology and reasoning are sufficiently reliable.
Courts have broad discretion, and appellate courts rarely overturn these decisions unless there is an abuse of discretion.
Attorney–Expert Communication Protection
Communications between an attorney and a retained testifying expert are generally treated as attorney work product and are therefore protected from discovery.
The purpose of this protection is to allow attorneys to:
discuss litigation strategy freely with experts
assist experts in preparing opinions
refine reports without fear that drafts and communications will be discoverable.
Compensation
When a party seeks discovery from an opposing party’s testifying expert, Arkansas law requires that the expert be paid a reasonable fee for the time spent responding to discovery.
This typically includes payment for:
Preparing for a deposition
Giving deposition testimony
Responding to discovery requests
The rule ensures that experts are fairly compensated for their time and professional services. The party requesting the discovery must pay the expert’s reasonable fee. Experts generally cannot be paid on a contingency basis (i.e., payment depending on the outcome of the case), because such arrangements could undermine the expert’s neutrality.
Courts typically view contingent expert fees as improper and potentially unethical.
Limits on Number of Expert Witnesses
Arkansas does not impose a statutory limit on the number of expert witnesses. Although multiple experts are allowed, courts generally discourage:
several experts giving identical opinions, or
excessive expert testimony that adds little new information.
Judges may require parties to consolidate expert testimony to keep trials efficient.
Out-of-State Expert Qualification
Arkansas does address the qualification of out-of-state experts, but the rule is relatively straightforward: an expert does not have to be licensed in Arkansas to testify as an expert witness. The focus is on the expert’s knowledge and qualifications, not their state licensure.
State-Specific Statutes & Local Rules
Ark. R. Civ. P. 26(b)(4): Expert disclosure requirements of Arkansas
Ark. R. Evid. 702: Admissibility of expert testimony
