Until December 10, 2010, lawyers need to remain aware
that, in cases pending in federal court their communications with
their retained expert witnesses and any draft reports prepared by the expert are
likely to be discoverable based on a request from opposing counsel.
The expert rule changes which become effective on
December 10 will give work product protection to both items. This
will permit attorneys to have more involvement in the preparation of an
expert's report without their involvement being subject to discovery. The new
Rule also specifically exempts draft reports from any disclosure
Read Work Product
Protection For Communications Between Lawyers And Expert Witnesses Coming Next
Month Under Revised Federal Rules of Civil Procedure in its entirety on North
Carolina Business Litigation Report, a blog for lawyers focusing on issues
of North Carolina business law and the day-to-day practice of business
litigation in North Carolina courts.