Using Amended Rule 26 to Get the Most Out of Experts
Cathleen M. Devlin, vice chair of the Litigation Department, co-authored this article with Robert M. Craig of Charles River Associates, in the Expert Witnessesnewsletter published by the ABA Section of Litigation Expert Witnesses Committee. Litigation Department Associate Christina D. Riggs contributed to the piece.
The article discusses the revisions to Rule 26 of the Federal Rules of Civil Procedure, which took effect on December 1, 2010. These changes strike a new balance between expert discovery and the work-product doctrine, making attorneys and retained testifying experts far more free to communicate openly with each other to develop expert opinions. The authors explore the key amendments to Rule 26 and offer best practices on using the amended rule.