Civil Rights
Dec. 1, 2010
New Federal Rules for Pending Cases
Changes to the Federal Rules of Civil Procedure could affect draft reports and communications for ongoing cases. By Caroline N. Mitchell and M. Anderson Berry of Jones Day.
On Dec. 1, 2010, unless Congress finds time to intervene, changes to Rule 26 of the Federal Rules of Civil Procedure (FRCP) will extend work-product protection to discovery of draft reports by testifying experts and, with three exceptions, to communications between those experts and retaining attorneys. The amendments also require attorneys relying on experts who will provide testimony - but who are not required to pr...
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