Federal Rule 26 changes slated for December 2010

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MSI
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Federal Rule 26 changes slated for December 2010

Post by MSI »

Come December 2010, a major revision to the federal rules governing expert witness reports is to take place. No longer would Rule 26 allow full discovery of draft expert reports and require broad disclosure of any communications between an expert and trial counsel, as has been the case ever since the rule's revision in 1993.
Instead, those communications would come under the protection of the work-product doctrine. The amendments would prohibit discovery of draft expert reports and limit discovery of attorney-expert communications. Still allowed would be full discovery of the expert's opinions and of the facts or data used to support them.
See Rule 26: Major Changes for Attorneys and Experts
For those so inclined see the exisiting Federal Rules of Civil Procedure. Rule 26. Duty to Disclose; General Provisions Governing Discovery
and the Proposed Amendments

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