Commercial Litigation and Arbitration

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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