CA discovery supplemental for a noob? Help

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Anonymous User
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CA discovery supplemental for a noob? Help

Postby Anonymous User » Wed Oct 12, 2016 12:09 am

I have looked at just about every practice guides and case laws and couldnt find an answer on point. If there is another guide I would appreciate any help.
Last edited by Anonymous User on Wed Oct 12, 2016 5:04 pm, edited 5 times in total.

estefanchanning

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Re: discovery/expert question for a newbie

Postby estefanchanning » Wed Oct 12, 2016 3:11 am

Your states rules of civil procedure. The federal rules under 26(b)(4)(D) state:

D) Expert Employed Only for Trial Prep , . Ordinarily, a party may not (by interrogatories/deposition) discover facts known/opinions held by expert retained in anticipation of litigation/trial and who’s not expected to be called as witness at trial. But party may do so only:
i. As provided in Rule 35(b); or
ii. In exceptional circumstances where it’s impracticable for party to obtain facts/opinions on same subject by other means.

rule 35(b) states deals with physical/mental examinations.

basically, most likely you can't (under FRCP, but most state codes adopt similar provisions to FRCP)

Anonymous User
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Joined: Tue Aug 11, 2009 9:32 am

Re: discovery/expert question for a newbie

Postby Anonymous User » Wed Oct 12, 2016 1:32 pm

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Last edited by Anonymous User on Thu Oct 13, 2016 3:35 am, edited 1 time in total.

estefanchanning

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Re: discovery/expert question for a newbie

Postby estefanchanning » Wed Oct 12, 2016 2:45 pm

Anonymous User wrote:
estefanchanning wrote:Your states rules of civil procedure. The federal rules under 26(b)(4)(D) state:

D) Expert Employed Only for Trial Prep , . Ordinarily, a party may not (by interrogatories/deposition) discover facts known/opinions held by expert retained in anticipation of litigation/trial and who’s not expected to be called as witness at trial. But party may do so only:
i. As provided in Rule 35(b); or
ii. In exceptional circumstances where it’s impracticable for party to obtain facts/opinions on same subject by other means.

rule 35(b) states deals with physical/mental examinations.

basically, most likely you can't (under FRCP, but most state codes adopt similar provisions to FRCP)


But that would only apply to retained experts right? What about non-retained experts who were not hired for purposes of preparing for litigation?


I would need more info. You can PM me if you want. The general rule is you need a reason before you depose someone. You can't just go on a fishing expedition. Experts are extra protected because there is a real chance you might get a peek into opposing counsel's litigation strategy via expert responses.



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