Litigation Alert: Federal Rules on Experts Change

First Quarter 2011Newsletters California Update Employment Law

Since 1993, the Federal Rules of Civil Procedure have required full discovery of draft expert reports and broad disclosure of any communications between an expert and trial counsel. Effective December 1, 2010, the rules have been eased to provide that such information is now covered under the protection of the work-product doctrine. With these changes, attorneys are no longer required to produce draft expert reports and discovery of attorney-expert communications is greatly reduced. While full discovery of the expert’s opinions and the facts or data used to support them will still occur, these changes should streamline the expert retention process, allow for greater communication with experts and hopefully reduce the costs associated with retaining experts for litigation.