| On April 28, 2010, the U.S. Supreme Court approved | | | | expert considered in forming opinions" |
| some significant changes regarding civil practice in | | | | "Assumptions provided to the expert by the lawyer |
| federal court, notably including the portions of Federal | | | | that the expert relied upon in forming an opinion" |
| Rule of Civil Procedure 26 regarding the discovery of | | | | These three details will remain open to discovery; |
| information from expert witnesses. Under the | | | | through these exemptions, opposing parties may |
| approved amendments, drafts of expert reports and | | | | continue to investigate the attorneys' level of |
| some communication with attorneys will be exempt | | | | influence over the testimony of their expert |
| from discovery by the opposing counsel. These | | | | witnesses. |
| changes will go into effect on December 1, 2010, and | | | | For years, attorneys have taken precautions to avoid |
| are expected to facilitate communication between | | | | having their communications with their witness |
| attorneys and witnesses. | | | | discovered, by avoiding written communication or |
| As attorneys and experts prepare for the upcoming | | | | hiring one expert for consultation and another to |
| changes, it is important to note what has not | | | | testify, while simultaneously attempting to uncover |
| changed. The Committee on Rules of Practice and | | | | the opposing counsel's communications with their own |
| Procedure reports that there are three significant | | | | witnesses. Although the above-mentioned |
| exceptions to the new exemptions: | | | | exemptions permit some investigation to continue, it |
| "Compensation for the expert's study or testimony" | | | | is expected that the changes will greatly reduce the |
| "Facts or data provided by the lawyer that the | | | | need for such circuitous behavior. |