September 25, 2013 Articles

The 2010 Amendments to Expert Discovery Rules: Yesterday, Today, and Tomorrow

Leverage the benefits of your expert and expose the weaknesses of your opponent's expert

By Joseph L. Meadows and Michael L. Kuppersmith

A case can sometimes be won or lost by an expert. Even the simplest of cases may be enhanced materially by an expert’s explanation of an issue involving liability or damages. Mastering the expert discovery rules (Federal Rule of Civil Procedure 26) is important to leveraging the benefits of one’s expert and exposing the weaknesses of the other side’s expert. The expert discovery rules underwent a major overhaul in 2010—the most extensive such change in almost 20 years. And the discovery rules are in the midst of being revised again. So what changed in 2010? What is the state of play for expert discovery now? And what changes are on the horizon?

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