July 2009
Proposed Amendments to Federal Rules Would Limit Expert Witness DisclosuresBy Leyla Mujkic, Hesham M. Sharawy and Daniel J. Herling
Rule 26 of the Federal Rules of Civil Procedure incentivizes a partys attorney to get creative in his efforts to prevent disclosure of his communications with the partys expert ... The results of the rule have been costly and often lead to the discovery of information that is only marginally relevant to any genuine issue in dispute.
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