Federal rules will soon be changing to apply the work-product protections of Federal Rules of Civil Procedure Rule 26(3)(A) and (B) to experts' draft reports and expert-attorney communications.
Expert Testimony and the Changes to FRCP Rule 26
New federal rules will bring good sense to discovery with respect to expert witnesses. They also serve to emphasize the need to properly organize and preserve Electronically Stored Information using e-discovery experts before and during litigation or arbitration.
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