New York's Expert Discovery Rules Are Archaic

Law360, New York (July 20, 2017, 12:55 PM EDT) -- As every civil litigator knows, expert discovery — especially in complex actions involving claims of product defect, construction or professional liability — is a significant part of developing a workable theory of the case, assessing the relative strengths and weaknesses of a client's position, and preparing for trial. Entire volumes have been written on working with experts to craft effective expert reports, cross-examining an adversary's expert and seeking to limit or preclude an adversary's expert's opinions at trial through motion practice. Expert discovery is such an important facet of complex civil litigation that a solid expert report (followed by a capable...

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