Expert Testimony Can't Be Offered under Catch-All Clause in ER 904
This case revolved around a claim that tile installed in a project lacked the color uniformity required by industry custom. To prove lack of uniformity, the plaintiff offered -- and the trial court allowed -- an expert report submitted on the eve of trial under ER 904(6), which governs the admissibility of routine documentary records such as hospital bills.
Finding error, the Court of Appeals said what the text of ER 904(6) itself seems to imply -- that its purpose is to streamline the admission of routine documents, not open the door to late expert reports. Copy of opinion also available here Download file