New Rule Unlikely To Resolve Expert Exchange Issue

Law360, New York (December 2, 2010, 8:19 PM EST) -- Despite wide praise over rule changes that went into effect this week curbing discovery of attorneys' exchanges with testifying expert witnesses, counsel won't soon be turning in their boxing gloves given the exceptions to this long-awaited privilege, lawyers predict. 

Up until Wednesday, Rule 26 of the Federal Rules of Civil Procedure, which governs discovery disclosures, had previously been interpreted to allow discovery of all communications that attorneys had with testifying witnesses who they had retained.

Those experts' draft reports were also subject to discovery, prompting many...
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