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Expert Discovery: FRCP 26(b)(4) and Its Intersection with Technology and State Court Rules

Desmonne Bennett, John Levitske, and Martin T. Tully

FRCP 26(b)(4) affords protections to drafts of expert witness reports and communications between counsel and expert witnesses required to provide reports. But with collaborative online drafting and conferencing, are those protections potentially reduced? The panelists will discuss potential issues related to expert discovery created by technology and the fact that state court rules differ from the federal rules and lawyers and could prove to be traps for the unwary. Suggestions for how to deal with potential issues will be discussed as well as fact based examples.

Sponsored by the Pretrial Practice & Discovery Committee