Federal Rules Amendment Re: Expert Reports

Business MeetingA proposed amendment to the Federal Rules of Civil Procedure will change the way expert witnesses are used in lawsuits. Pending Supreme Court and Congressional approval, information generated by experts – including draft reports, working papers, notes and correspondence – no longer will be subject to full disclosure during the period of discovery before a trial. The change could translate to lower litigation costs for businesses involved in civil lawsuits.

In lawsuits about technical or specialized matters, individuals and their attorneys often rely on independent experts to develop their case. The current rules provide almost no protection for the information produced by these experts. Attorneys often will go to great lengths to obtain material created by opposing experts, because it may disclose the other side’s legal theories or opinions.

About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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