Commercial Litigation and Arbitration

April 4, 2008

An opponent has the right to depose a testifying expert (after the report is issued) under Fed.R.Civ.P. 26(b)(4)(A) but may depose a non-testifying expert only in “exceptional circumstances” under Rule 26(b)(4)(B). What if a testifying expert is later re-designated a non-testifying expert? What test is used to determine whether the re-classified witness may be ...
An opponent has the right to depose a testifying expert (after the report is issued) under Fed.R.Civ.P. 26(b)(4)(A) but may depose a non-testifying expert only in “exceptional circumstances” under Rule 26(b)(4)(B). What if a testifying expert is later re-designated a…

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