Are Experts’ Notes Discoverable Despite the 2010 Expert Witness Rule Amendments to Fed.R.Civ.P. 26?
Dongguk Univ. v. Yale Univ., 2011 WL 1935865 (D. Conn. May 19, 2011):
“[A]n expert’s notes are not protected by 26(b)(4)(B) or (C), as they are neither drafts of an expert report nor communications between the party’s attorney and the expert witness. *** “However, under the work-product doctrine in Rule 26(b)(3)(B), the court must protect against disclosure the attorney’s mental impressions, conclusions, opinions or legal theories.”
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