![]() Only subject to discovery if the circumstances are exceptional through 26(b)(4)(D). ![]() Definition: An expert that the attorney does not plan on using at trial but employs to help prepare a case.Subject to discovery without a court order through 26(b)(4)(A), this includes communications between the attorneys and the expert.Definition: An expert that the attorney plans on using at trial.There are several categories of expert witnesses: A person is an expert if they have knowledge that is outside the range of a normal person (specialized knowledge). They are called to provide their “opinion” about what the facts mean. Expert witnesses do not testify about the specific facts about the case. They have personal knowledge about facts or alleged facts pertaining to the case. First, lay witnesses which focuses on fact. As a result, this would greatly disadvantage the party who did the work. If the court would allow these witnesses to be discovered, it would incentivize one party to free ride on the work of the other lawyer to find, gather, and pay and expert for their information. The reason being that the information gathered was used to prepare for trial. These witnesses are protected from discovery. Instead, they are there to only consult and inform a lawyer as to the details regarding their expertise. Second, there are expert witnesses who are not called to testify at trial. Because the details of expert testimony could become quite advanced, both parties are allowed equal access to these witnesses. This is because at trial, if one party has sole access, it greatly disadvantages the other party as to what the witness may say. These witnesses and their work product can be freely discovered because it would be unfair for one side to have sole access to a witness. The lecture notes will then expand on these categories.įirst, there are expert witnesses who are called to testify at trial. For the purposes of simplicity, these notes will categorize them into two types. Expert information refers to the work product of experts in preparation for trial.
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