Revisions to Federal Rule of Civil Procedure 26 should improve significantly attorneys’ litigation-related communications with experts and experts’ preparation of their reports and testimony. Lawyers now will be able to talk with their experts and review versions of those experts’ reports, confident that the revised rules will protect such communications from discovery. The Judicial Conference of the United States has approved the revised rules, and the U.S. Supreme Court is expected to follow suit in May. Unless Congress rejects the revised rules, they will become effective Dec. 1.
These rule revisions are of particular interest to environmental lawyers who work closely with experts in litigation involvingtechnical, complicated areas including toxicology, hydrology, geology and air modeling. Alleviating lawyers’ concerns about the discoverability of conversations with and documents created by experts will make working with experts much easier.
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