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Lit Tip 2010 09.

Federal Rule now protects expert witness - attorney communications.

Effective 1 December 2010, in federal court the work-product protections of F.R.C.P. Rule 26(3)(A) and (B) apply to protect discovery of drafts of expert reports and to protect expert-attorney communications.

Note: The new discovery protection does not apply retroactively to discovery previously accomplished.

LawyerTrialForms™ has a Subpoena Duces Tecum form with needed language to include in subpoenas for depositions of an adverse expert. (See discussion below.) The form contains both a compact discussion of the legal points involved and also applicable form language to use in federal court after December 1st, or in states that have not adopted similar protections to expert witness - attorney communications.

Improve your subpoena duces tecum to adverse experts.

Almost all lawyers are still using the same customary language of a subpoena duces tecum that was used in the 17th century! Unfortunately, that 17th century form is not as effective as it should be for requiring a 21st century adverse expert to bring the complete records and materials you need for an effective discovery deposition.

So – create a “21st Century, Advanced Strength, Subpoena Duces Tecum” to serve on adverse expert witness you are deposing. The LawyerTrialForms™ has the language . . . .