United States · Federal civil procedure
When does the ordinary rebuttal expert disclosure period begin?
Absent a stipulation or court order, evidence intended solely to contradict or rebut the same subject matter identified by another party under Rule 26(a)(2)(B) or (C) must be disclosed within thirty days after that party’s disclosure. Establish the same-subject and solely rebuttal conditions, disclosure service and actual schedule. This guide calculates no date.
- Period
- Thirty days after the qualifying disclosure absent a stipulation or court order, with actual service conditions
- Trigger
- The other party’s actual same-subject disclosure under Rule 26(a)(2)(B) or (C)
- Rule
- FRCP 26(a)(2)(D)(ii)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The actual disclosure, service method, solely rebuttal condition and schedule are material. The isolated single-date preset does not establish them or publish a date.
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Which event starts this procedure?
Identify the other party’s actual subsection (B) or (C) disclosure and subject matter.
Establish whether the proposed evidence is intended solely to contradict or rebut that same subject matter.
Read any actual stipulation or court-ordered schedule and establish effective disclosure service and method.
FRCP 26(a)(2)(D)(ii)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Establish effective service and apply Rule 6(a) to the base period. Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition. This guide does not select a service method or compute a date.
Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.
FRCP 6(a)(1)Why is no automated date published?
The actual disclosure, service method, solely rebuttal condition and schedule are material. The isolated single-date preset does not establish them or publish a date.
Which conditions change the assessment?
- Solely rebuttal and same subject
- Subsection (D)(ii) requires evidence intended solely to contradict or rebut the same subject matter identified in the qualifying other-party disclosure.
- Order or stipulation
- Rule 26(a)(2)(D) gives priority to the court-ordered times and sequence and applies these defaults absent a stipulation or court order.
- Disclosure service
- Rule 26(a)(4) ordinarily requires service. Identify the actual method and assess whether Rule 6(d)’s after-being-served condition is met. Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Can any new expert subject use the rebuttal period?
No. The stated branch requires solely rebuttal or contradiction of the same subject matter identified by the other party.
FRCP 26(a)(2)(D)(ii)Does the default displace the court’s disclosure sequence?
No. Read the actual court-ordered times and sequence and any stipulation.
FRCP 26(a)(2)(D)(ii)Does an electronic disclosure automatically add three days?
No. Electronic service under Rule 5(b)(2)(E) is outside Rule 6(d)’s list.
FRCP 6(d)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| FRCP 26(a)(2)(D)(ii) | This actor, required act, operative event and period |
| FRCP 5(b) | Actual service methods and completion |
| FRCP 6(d) | Conditional additional time after specified service |
| FRCP 26(a)(2)(B)–(C) | Qualifying other-party report or summary |
| FRCP 26(a)(4) | Ordinary written, signed and served disclosures |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |