How to adequately disclose non-retained experts and whether certain disclosures were compliant are still the most frequent questions I receive. I cannot state how to adequately disclose a non-retained expert because this blog does not offer legal advice (#9 @ the link). However, I can tell you that the issue and the rules for disclosure were discussed at a November 5, 2014 hearing in A-10-623351-C. The transcript of that hearing was filed in Odyssey on November 12, 2014.
In it, Discovery Commissioner Bulla discusses the non-retained expert disclosure requirements and also the fact that disclosure is not discretionary. Frankly, there is nothing in the transcript that is all that different from everything else discussed about non-retained expert disclosures, but perhaps reading about it from a different messenger might help some understand and comply with the rule’s requirements.