consulting expert. An expert who, though retained by a party, is not expected to be called as a witness at trial. • A consulting expert’s opinions are generally exempt from the scope of discovery.
— Also termed nontestifying expert. Fed. R. Civ. P. 26(b)(4)(B). [Cases: Federal Civil Procedure 1274; Pretrial Procedure 39.]
impartial expert. An expert who is appointed by the court to present an unbiased opinion.
— Also termed court-appointed expert. Fed. R. Evid. 706. [Cases: Federal Civil Procedure 1951; Trial 18. C.J.S. Trial §§ 91–92.]
testifying expert. An expert who is identified by a party as a potential witness at trial. • As a part of initial disclosures in federal court, a party must provide to all other parties a wide range of information about a testifying expert’s qualifications and opinion, including all information that the witness considered in forming the opinion. Fed. R. Civ. P. 26(a)(2)(B). [Cases: Federal Civil Procedure 1274; Pretrial Procedure 39.]