Conn. Practice Book § 13-3 (2026)

Sec. 13-3 made, the judicial authority shall not order disclo- sure of the mental impressions, conclusions, opin- ions, or legal theories of an attorney or other representative of a party concerning the litigation. (b) A party may obtain, without the showing required under this section, discovery of the par- ty’s own statement and of any nonprivileged state- ment of any other party concerning the action or its subject matter. (c) A party may obtain, without the showing required under this section, discovery of any recording, by film, photograph, video, audio or any other digital or electronic means, of the requesting party and of any recording of any other party con- cerning the action or the subject matter, thereof, including any transcript of such recording, pre- pared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative. A party may obtain information identifying any such recording and transcript, if one was created, prior to the deposition of the party who is the subject of the recording; but the person from whom discovery is sought shall not be required to produce the recording or transcript until thirty days after the completion of the deposi- tion of the party who is the subject of the recording or sixty days prior to the date the case is assigned to commence trial, whichever is earlier; except that if a deposition of the party who is the subject of the recording was not taken, the recording and transcript shall be produced sixty days prior to the date the case is assigned to commence trial. If a recording was created within such sixty day period, the recording and transcript must be pro- duced immediately. No such recording or tran- script is required to be identified or produced if neither it nor any part thereof will be introduced into evidence at trial. However, if any such recording or part or transcript thereof is required to be identified or produced, all recordings and transcripts thereof of the subject of the recording party shall be identified and produced, rather than only those recordings, or transcripts or parts thereof that the producing party intends to use or introduce at trial. (d) When a claim of privilege or work product protection has been asserted pursuant to Section 13-5, 13-8 or 13-10 in response to a discovery request for documents or electronically stored information, the party asserting the privilege or protection shall provide, within forty-five days from the request of the party serving the discovery, the following information in the form of a privilege log: (1) The type of document or electronically stored information; (2) The general subject matter of the document or electronically stored information; 224 (3) The date of the document or electronically stored information; (4) The author of the document or electronically stored information; (5) Each recipient of the document or electroni- cally stored information; and (6) The nature of the privilege or protection asserted. The privilege log shall initially be served upon all parties but not filed in court. If the information called for by one or more of the foregoing categories is itself privileged, it need not be disclosed. However, the existence of the document and any nonprivileged information called for by the other categories must be dis- closed. A privilege log must be prepared with respect to all documents and electronically stored infor- mation withheld on the basis of a claim of privilege or work product protection, except for the follow- ing: written or electronic communications after commencement of the action between a party and the firm or lawyer appearing for the party in the action or as otherwise ordered by the judicial authority. (P.B. 1978-1997, Sec. 219.) (Amended June 29, 2007, to take effect Jan. 1, 2008; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 24, 2016, to take effect Jan. 1, 2017; amended June 23, 2017, to take effect Jan. 1, 2018.) Sec. 13-4. —Experts (a) A party shall disclose each person who may be called by that party to testify as an expert witness at trial, and all documents that may be offered in evidence in lieu of such expert tes- timony, in accordance with this section. The requirements of Section 13-15 shall apply to dis- closures made under this section. (b) A party shall file with the court and serve upon counsel a disclosure of expert witnesses which identifies the name, address and employer of each person who may be called by that party to testify as an expert witness at trial, whether through live testimony or by deposition. In addi- tion, the disclosure shall include the following information: (1) Except as provided in subdivision (2) of this subsection, the field of expertise and the subject matter on which the witness is expected to offer expert testimony; the expert opinions to which the witness is expected to testify; the substance of the grounds for each such expert opinion; and the written report of the expert witness, if any. The report shall not be filed with the court. Disclosure of the information required under this subsection may be made by making reference in the disclo- sure to the written report of the expert witness containing such information.

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS Sec. 13-4 (2) If the witness to be disclosed hereunder is a health care provider who rendered care or treatment to the plaintiff, and the opinions to be offered hereunder are based upon that provider’s care or treatment, then the disclosure obligations under this section may be satisfied by disclosure to the parties of the medical records and reports of such care or treatment. A witness disclosed under this subsection shall be permitted to offer expert opinion testimony at trial as to any opinion as to which fair notice is given in the disclosed medical records or reports. Expert testimony regarding any opinion as to which fair notice is not given in the disclosed medical records or reports must be disclosed in accordance with subdivision (1) of subsection (b) of this section. The parties shall not file the disclosed medical records or dis- closed medical reports with the court. (3) Except for an expert witness who is a health care provider who rendered care or treatment to the plaintiff, or unless otherwise ordered by the judicial authority or agreed upon by the parties, the party disclosing an expert witness shall, upon the request of an opposing party, produce to all other parties all materials obtained, created and/ or relied upon by the expert in connection with his or her opinions in the case within fourteen days prior to that expert’s deposition or within such other time frame determined in accordance with the Schedule for Expert Discovery prepared pursuant to subsection (g) of this section. If any such materials have already been produced to the other parties in the case, then a list of such materials, made with sufficient particularity that the materials can be easily identified by the par- ties, shall satisfy the production requirement here- under with respect to those materials. If an expert witness otherwise subject to this subsection is not being compensated in that capacity by or on behalf of the disclosing party, then that party may give written notice of that fact in satisfaction of the obligations imposed by this subsection. If such notice is provided, then it shall be the duty of the party seeking to depose such expert witness to obtain the production of the requested materials by subpoena or other lawful means. (4) Nothing in this section shall prohibit any witness disclosed hereunder from offering nonex- pert testimony at trial. (c) (1) Unless otherwise ordered by the judicial authority upon motion, a party may take the depo- sition of any expert witness disclosed pursuant to subsection (b) of this section in the manner prescribed in Section 13-26 et seq. governing deposition procedure generally. Nothing con- tained in subsection (b) of this section shall impair the right of any party from exercising that party’s 225 rights under the rules of practice to subpoena or to request production of any materials, to the extent otherwise discoverable, in addition to those pro- duced under subsection (b) of this section, in con- nection with the deposition of any expert witness, nor shall anything contained herein impair the right of a party to raise any objections to any request for production of documents sought here- under to the extent that a claim of privilege exists. (2) Unless otherwise ordered by the judicial authority for good cause shown, or agreed upon by the parties, the fees and expenses of the expert witness for any such deposition, excluding prepa- ration time, shall be paid by the party or parties taking the deposition. Unless otherwise ordered, the fees and expenses hereunder shall include only (A) a reasonable fee for the time of the wit- ness to attend the deposition itself and the wit- ness’ travel time to and from the place of dep- osition; and (B) the reasonable expenses actually incurred for travel to and from the place of depo- sition and lodging, if necessary. If the parties are unable to agree on the fees and expenses due under this subsection, the amount shall be set by the judicial authority, upon motion. (d) (1) A party shall file with the court a list of all documents or records that the party expects to submit in evidence pursuant to any statute or rule permitting admissibility of documentary evi- dence in lieu of the live testimony of an expert witness. The list filed hereunder shall identify such documents or records with sufficient particularity that they shall be easily identified by the other parties. The parties shall not file with the court a copy of the documents or records on such list. (2) Unless otherwise ordered by the judicial authority upon motion, a party may take the depo- sition of any expert witness whose records are disclosed pursuant to subdivision (1) of subsec- tion (d) of this section in the manner prescribed in Section 13-26 et seq. governing deposition pro- cedure generally. Nothing contained in subsection (d) of this section shall impair the right of any party from exercising that party’s rights under the rules of practice to subpoena or to request production of any materials, to the extent otherwise dis- coverable, in addition to those produced under subsection (d), in connection with the deposition of any expert witness. (3) Unless otherwise ordered by the judicial authority for good cause shown, or agreed upon by the parties, the fees and expenses of the expert witness for any such deposition, excluding prepa- ration time, shall be paid by the party or parties taking the deposition. Unless otherwise ordered, the fees and expenses hereunder shall include only (A) a reasonable fee for the time of the wit- ness to attend the deposition itself and the wit- ness’ travel time to and from the place of dep- osition; and (B) the reasonable expenses actually

© Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS