Utah Code section 77-17-13 governs the timing and contents requirements for notice of expert witnesses that must be given in Utah felony criminal cases.
Timing of the Notice
In felony prosecutions, if either the prosecution or the defense intends to call an expert witness, the statute requires generally that notice be given “as soon as practicable.” In other words, once the need for expert testimony is determined and an expert witness is selected, the party calling the expert witness should proceed to give notice to the other party.
In order to avoid confusion or abuse, the statute also sets firm deadlines of “not less than 30 days” in matters involving expert testimony at a jury trial or bench trial, and not less than 10 days prior to an evidentiary hearing where an expert witness will testify.
Contents of the Notice
Section 77-17-13 requires that the notice of expert witness must include the name and address of the proposed expert and a copy of the expert’s curriculum vitae. The notice must also include at least one of the following: a copy of the expert’s report (if one exists or has been created); a written explanation of the expected testimony of the expert, giving sufficient detail such that the opposing party has information adequate to allow that party to prepare to challenge or meet the expert’s testimony in court; or notice that the expert is available to consult cooperatively with the opposing party.
