•−•  ••−•    −•−•  •−  ••−•  •
RF Cafe Morse Code >Hear It<

Job Board

About RF Cafe™

Sitemap

New Federal Rule on Experts Takes Effect December 1, 2010

Visit IMS Expert Services
Reprinted with permission.


New Federal Rule on Experts Takes Effect December 1


by Robert Ambrogi

 



Bullseye: November 2010
IMS ExpertServices™ is the legal industry's premier full-service expert witness provider.


A major revision to Rule 26 of the Federal Rules of Civil Procedure takes effect Dec. 1, bringing about a significant change in the long-standing procedure governing expert witness reports.

No longer will Rule 26 require full discovery of draft expert reports and broad disclosure of any communications between an expert and trial counsel, as has been the case ever since the rule's revision in 1993.

Bob Ambrogi, IMS ExpertServices
Robert J. Ambrogi
is a Massachusetts lawyer who represents clients at the intersection of law, media and technology. A news media veteran, he is the only person ever to hold the top editorial positions at the two leading national U.S. legal newspapers, the National Law Journal and Lawyers Weekly USA. He is also internationally known for his writing and blogging about the Internet and technology.
Instead, those communications will now come under the protection of the work-product doctrine. The new rule will prohibit discovery of draft expert reports and limit discovery of attorney-expert communications. Still allowed will be full discovery of the expert's opinions and of the facts or data used to support them.

The rule was approved by the U.S. Judicial Conference in September 2009. The Supreme Court approved the change to the rule in April of 2010 and submitted it to Congress. By law, if Congress takes no action to reject, modify or defer the proposed rule, it takes effect on Dec. 1.

John K. Rabiej, attorney advisor on court rules to the Judicial Conference, confirmed that Congress has taken no action and that the rule will take effect on Dec. 1.



Posted 11/16/2010



This article was originally published in BullsEye, a newsletter distributed by IMS ExpertServices™. IMS Expert Services is the premier expert witness search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other legal industry BullsEye publications, please visit IMS Expert Services' recent articles. For your next expert witness search, call us at 877-838-8464 or visit our website.



Related Pages on RF Cafe
- Court-Appointed Experts: The Future of Litigation?
- Inventor Testimony in Patent Litigation
- Regression Analysis in Litigation
- Expert Testimony Central to Coffee Class Decision
- 10th Circuit Posits 'Unifying Theory' for Daubert Gatekeeping
- Do You Need an Expert to Sue an Expert?
- What the #!$% Is Bitcoin?
- Dilbert Versus Daubert - Which Standard Controls in Patent Design Cases?
- Lack of Expert Leads to Reversal of Patent Case
- Excluding Expert Testimony the Jury Already Heard
- 7th Circuit Excoriates Lawyers, Judges for 'Fear of Science'
- Federal Circuit Ponders Abandoning De Novo Review
- Apple, Samsung Daubert Docs Should Have Been Sealed, Federal Circuit Rules
- When an Expert's Testimony Counters His Own Report
- Fortune Telling & Reliability? An Expert Testimony Enigma
- Can Expert Statements Inadvertently Waive Protection?
- E- Discovery: 10 Strategic Steps for Defensible Search
- The 'Almighty' Federal Circuit? Evolving Patent Policy & Jurisprudence
- A Scientific Weapon for the Courtroom?
- Experts Face Fewer Challenges in Court, Survey Says
- Death of the ITC?
- No Appeal for Expert Witness 'Third Wheel'
- Patent Trolls on Trial?
- To Testify or Not to Testify: Re-Designating An Expert Witness?
- The Future of Predictive Coding (Part II) – Caveats Revealed
- The Future of Predictive Coding - Rise of the Evidentiary Expert?
- Think Before You Click - Facebook’s "Like" Button
- A Siri-ous Affair?
- Denial of Cert in "Junk Science" Case Leaves Lawyers Reeling
- A Peek "Under the Hood" of America Invents
- 10 Predictions for Litigation in 2012
- Attorneys Turn to iPads to Prepare and Question Experts
- Two Mistakes That Can Produce Tragedy in Patent Litigation
- Opposing Experts & Summary Judgment
- Could IBM’s Watson Make Experts Obsolete?
- An Expert's Change of Mind Can Be Shattering
- Why Do They Call Us Expert Witnesses? Part II
- Why Do They Call Us Expert Witnesses? Part I
- Bilski's Lesson: Avoid Abstraction
- Expert Secrecy: An Ethics Dilemma?
- New Federal Rule on Experts Takes Effect Dec. 1, 2010
Custom Search
More than 10,000 searchable pages indexed.

Your RF Cafe
Progenitor & Webmaster

Click here to read about RF CafeKirt Blattenberger... single-handedly redefining what an engineering website should be.

View the YouTube RF Cafe Intro Video Carpe Diem!
(Seize the Day!)

5th MOB: My USAF radar shop

Airplanes and Rockets: My personal hobby website

Equine Kingdom: My daughter Sally's horse riding website