White & Case LLP - Publications - Beginning 01 December 2010: Drafts of Expert Reports, Attorney-Expert Communications No Longer Discoverable

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Beginning 01 December 2010: Drafts of Expert Reports, Attorney-Expert Communications No Longer Discoverable

November 2010
Bijal V. Vakil, Sue F. Xia, Menes, Kevin

DOWNLOAD PDF: Beginning 01 December 2010: Drafts of Expert Reports, Attorney-Expert Communications No Longer Discoverable

New amendments to Federal Rule of Civil Procedure 26 ("Rule 26") will extend attorney work-product protection to all drafts of expert reports. The protection also covers most attorney-expert communications.

The Committee on Rules of Practice and Procedure ("the Committee") proposed amendments to Rule 26 in 2008. The US Supreme Court approved the amendments and barring any action by Congress, the amendments will take effect on 01 December 2010.

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