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The 2010 Amendments to the Expert Discovery Provisions of Rule 26 of the Federal Rules of Civil Procedure: A Brief Reminder

April 18, 2012

“The most frequent method for discovering the work of expert witnesses is by deposition,” according to the advisory committee notes to Rule 26. On December 1, 2010, certain changes to the expert discovery provisions of this Rule went into effect. These changes clarified the scope of discoverable information about an expert’s work that is available to opposing counsel—and therefore available for use or eligible for inquiry during deposition. This brief article surveys what expert material remains discoverable and what is now off-limits as a result of these amendments, and concludes with the questions that counsel should never forget to ask an expert during deposition.

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