Can Expert Statements Inadvertently Waive Protection?

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Can Expert Statements Inadvertently Waive Protection?

Post by MSI » Wed Jun 26, 2013 5:56 pm

June 25, 2013: Interesting question:
  • So you're an expert hired to look at some issue and during your inspection you apparently blah blah blah about stuff: Is that discoverable?
    Does what you say, particularly if it is in support of the other side in a lawsuit, discoverable because you said it?
    Read this interesting scenario where a blabber mouth non-designated expert witness apparently said things which supported the other sides opinions and so the other side wanted to use what the expert had said in support of their case!
    Couple of interesting side issues:
    • 1) the expert was hired but never designated (with an option supporting the other side, no wonder!)
      2) can the expert waive discovery protections by blah blah blah'n??
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