Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

55 Pa. Code § 41.115. Statement regarding expert opinions.

§ 41.115. Statement regarding expert opinions.

 (a)  For each issue in dispute, a party’s position paper must address the party’s reliance upon an expert. The party shall state whether its position depends, in whole or in part, upon the judgment, opinion or testimony of a person who, if called to testify, would be called as an expert.

 (b)  When a party’s position depends, at least in part, upon the judgment, opinion or testimony of an expert, the party’s position paper must include a ‘‘statement of expert opinion.’’

 (c)  Consistent with Pa.R.C.P. No. 4003.5 (relating to discovery of expert testimony, trial preparation material), and unless the Bureau orders to the contrary, each expert opinion statement must include the following:

   (1)  An identification of the expert by name and address.

   (2)  The subject matter on which the expert is expected to testify.

   (3)  An identification of the substance of the facts and opinions to which the expert is expected to testify.

   (4)  A summary of the grounds for each opinion to which the expert is expected to testify.

   (5)  The signature of the expert.

   (6)  A brief statement of the expert’s qualifications or a current curriculum vitae.

 (d)  The parties shall submit a joint statement of undisputed facts at least 20 days prior to the hearing.

Cross References

   This section cited in 55 Pa. Code §  41.92 (relating to expedited disposition procedures for certain appeals); 55 Pa. Code §  41.101 (relating to prehearing procedure in certain provider appeals); and 55 Pa. Code §  41.122 (relating to supplementing disclosures and responses).



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