The United States Court of Appeals for the District of Columbia Circuit was recently tasked with determining whether a lower court erred by permitting a witness to testify at trial who was not disclosed under Federal Rule of Civil Procedure 26(a).  The Court ruled that the lower court had erred in allowing the witness to testify at trial.  The Court held that the witness’s testimony would have been admissible at trial only if it was subject to Rule 26(a)’s “solely for impeachment” exception.  However, as the witness’s testimony was not confined to impeachment testimony, and because the lower court’s decision to allow the testimony was not harmless error, the Court remanded the case. 

Standley v. Edmonds-Leach, No. 13-7104 (D.C. Cir. Apr. 21, 2015).