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.
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Federal Rule 26 changes slated for December 2010
Federal Rule 26 changes slated for December 2010
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Re: Federal Rule 26 changes slated for December 2010
Nov 16, 2010: Reminder: major revision Rule 26 of the Federal Rules of Civil Procedure takes affect on Dec 1, 2010.
No longer will Rule 26 require full discovery of draft expert reports and 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 will now come under the protection of the work-product doctrine. The new rule will prohibit discovery of draft expert reports and limit discovery of attorney-expert communications. Still allowed will be full discovery of the expert's opinions and of the facts or data used to support them.
See recent article:
New Federal Rule on Experts Takes Effect Dec. 1
No longer will Rule 26 require full discovery of draft expert reports and 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 will now come under the protection of the work-product doctrine. The new rule will prohibit discovery of draft expert reports and limit discovery of attorney-expert communications. Still allowed will be full discovery of the expert's opinions and of the facts or data used to support them.
See recent article:
New Federal Rule on Experts Takes Effect Dec. 1
Question? Comment? Please email forum@mchenrysoftware.com. Also see the McHenry Forum Index
Visit McHenrySoftware.com for technical information & software. McHenryConsultants.com for litigation consulting.
(c) McHenry Software, Inc ALL Rights Reserved.
Visit McHenrySoftware.com for technical information & software. McHenryConsultants.com for litigation consulting.
(c) McHenry Software, Inc ALL Rights Reserved.
Re: Federal Rule 26 changes slated for December 2010
An additional link for expert witnesses:
- Jan 2012: Three Things to Know About Rule 26
Question? Comment? Please email forum@mchenrysoftware.com. Also see the McHenry Forum Index
Visit McHenrySoftware.com for technical information & software.
(c) McHenry Software, Inc ALL Rights Reserved.
Visit McHenrySoftware.com for technical information & software.
(c) McHenry Software, Inc ALL Rights Reserved.