What must a plaintiff's attorney do in the event of the opposing party not disclosing their testifying experts?

When an opposing party fails to disclose their testifying experts, the correct action for a plaintiff's attorney is to utilize discovery mechanisms to compel disclosures. This is vital for several reasons.

First, in Louisiana civil procedure, there are specific rules governing the disclosure of expert witnesses, which aim to promote fairness and transparency in the litigation process. When an opposing party does not disclose testifying experts, it can undermine the plaintiff’s ability to prepare effectively for trial, potentially affecting the overall fairness of the proceedings.

By employing discovery mechanisms, such as filing a motion to compel, the plaintiff's attorney can formally request the court to order the opposing party to disclose their expert witnesses. This step is necessary to ensure that both parties have access to the same information and can adequately prepare their cases.

Other options, such as filing a motion to dismiss the case or requesting an automatic extension for trial, do not directly address the issue of undisclosed experts and may not be appropriate responses to such a discovery violation. Assuming the experts will not testify could hinder the plaintiff’s case, as it may lead to an unprepared strategy that underestimates the opposing party's potential evidence and expert testimony. Therefore, actively utilizing discovery methods is the most effective way to handle the lack of disclosure and