Expert Discovery: An Update on the Rule 26 Amendments | Practical Law

Expert Discovery: An Update on the Rule 26 Amendments | Practical Law

This Article analyzes the 2010 amendments to Rule 26 of the Federal Rules of Civil Procedure (FRCP) and their impact on the use of expert witnesses in federal cases. Specifically, the Article describes the newly imposed limitations regarding discovery of draft expert reports, the expanded protections afforded communications between counsel and testifying expert witnesses and a new requirement that non-retained expert witnesses provide a summary disclosure. The Article also examines recent court decisions interpreting the new Rule 26.

Expert Discovery: An Update on the Rule 26 Amendments

Practical Law Article 3-517-6945 (Approx. 10 pages)

Expert Discovery: An Update on the Rule 26 Amendments

by Robert J. Liubicic and Paul M. Torres, Milbank, Tweed, Hadley & McCloy LLP
Law stated as of 31 Jan 2012USA (National/Federal)
This Article analyzes the 2010 amendments to Rule 26 of the Federal Rules of Civil Procedure (FRCP) and their impact on the use of expert witnesses in federal cases. Specifically, the Article describes the newly imposed limitations regarding discovery of draft expert reports, the expanded protections afforded communications between counsel and testifying expert witnesses and a new requirement that non-retained expert witnesses provide a summary disclosure. The Article also examines recent court decisions interpreting the new Rule 26.