April 20, 2010

RULE 26: MAJOR PROPOSED CHANGES FOR ATTORNEYS AND EXPERTS

by Art Gutman Ph.D., Professor, Florida Institute of Technology

My thanks to Dr. Lance Seberhagen (CEO & Director of Seberhagen & Associates) for forwarding the following information.

As reported in the BullsEye Newsletter in February 2010, there are major proposed changes relating to Rule 26 of the Federal Rules of Civil Procedure.

Rule 26 has permitted broad disclosure of any communication between experts and attorneys since 1993, including draft reports. The proposed changes include protection of communications short of the final expert report and supporting data under work-product doctrine. According to the BullsEye report, the proposed changes were approved by the US Judicial Conference in September 2009, and the Supreme Court is expected to approve these changes by May 1, 2010 for submission to Congress. If Congress approves, the changes will take effect on December 1, 2010.

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