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Draft Reports and Attorney-Expert Communications John M. Barkett Most environmental litigation involves the use of experts, and federal court typically is the venue in which such litigation is conducted. Environmental litigators, thus, are familiar with the rules on expert discovery. Under Federal Rule of Civil Proceddur (FRCP) 26(a)(2), a party must disclose the identity of an expert, and usually the disclosure date is established by a FRCP 16 scheduling order. Unless the parties stipulate...