Good News For Experts (And Attorneys Who Use Them)

Law360 (November 29, 2010, 1:44 PM EST) -- Amendments to Federal Rule of Civil Procedure 26, taking effect on Dec. 1, should streamline the management of testifying expert witnesses and reduce the costs of expert witness discovery in cases pending in federal court. The amendments provide for expanded discovery protection of communications between attorneys and testifying expert witnesses, including protection of any of the testifying expert’s draft reports, by classifying those communications and reports as protected attorney work-product.

The new rule, however, will not protect communications between an attorney and a testifying expert: (1) relating to the expert’s compensation; (2) identifying facts or data provided by an attorney and...

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