Commercial Litigation and Arbitration

Draft Amendment to Fed. R. Civ. P. 26(b) — Expert Witness Rule — Issue to be Considered by Standing Committee in June

Download associated file: Draft Amendments to Expert Witness Rule.pdf 

Attached is the March 2008 draft of the proposal to amend the Expert Witness Rule, Fed. R. Civ. P. 26(b). The draft would protect against disclosure of draft reports and most communications between counsel and expert. The Standing Committee on Rules of Practice and Procedure of the U.S. Judicial Conference will consider the final proposal of the Advisory Committee in June. The proposed amendment is expected to be disseminated for public comment, in the final form approved by the Standing Committee, from August 15, 2008, to February 15, 2009.

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