(A) Health Care Provider. If one side identifies a treating health care provider as its expert witness and provides a report from the provider using Appendix 2, any party against whom the report may be used has the right to cross-examine the provider by taking the provider’s deposition. The designating side may also examine the provider at the deposition.

   (B) Cost. The side taking the deposition is responsible for the costs of taking the deposition, including the payment of a reasonable fee to the health care provider for the time spent being deposed. If the side providing the report also examines the provider, the side shall be responsible for a proportionate share of the costs and fees. Unless the parties stipulate or the court orders otherwise, each side’s proportionate share shall be the percentage calculated by dividing the number of deposition pages attributable to the side’s examination of the provider by the total number of deposition pages. Each side shall pay its percentage share of deposition costs and provider fees.

   (C) Other Experts. Either side may take the deposition of any other expert witness after service of the disclosures required by § 6-2204. If the side that did not retain the expert takes the deposition, the side must pay the expert a reasonable fee for the time spent being deposed.

   (D) Use at Trial. The application of the Act constitutes exceptional circumstances that allow the deposition of an expert witness to be used at trial pursuant to § 6-332(a)(3)(E).

§ 6-2205 adopted December 8, 2021, effective January 1, 2022.