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Privileges/Experts
| Question | Answer |
|---|---|
| Rule 26b3A - Attorney Work Product Privilege | Materials prepared in anticipation of litigation or for trial. Not discoverable unless: 1) Under Rule 26b1 (relevant); AND 2) substantial need, undue hardship, obtain substantial equivalent |
| Rule 26b3B - AWPP | If court so orders, it MUST protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney |
| Rule 26b3 AWPP - Summary | * Work product must be "prepared in anticipation of litigation or for trial" by a party's attorney. * NOT AWP if 1) substantial need AND 2) inability to obtain substantial equivalent w/out undue hardship EXCEPT WP that reveals "mental impressions..." |
| Rule 26b5A - Privilege Logs | When a party withholds info otherwise discoverable claiming privilege, they must: 1. expressly make the claim AND 2. describe nature of the documents, communications, or tangible things, without revealing information, so other parties may assess. |
| Expert Witnesses - Summary | Trial Experts - retained to give testimony at trial. Prepare report & deposition. All work product discoverable Consulting - give advice, not testify. WP rarely discoverable Percipient - Witness + expert opinion |
| Rule 26b4a - Trial Preparation: Testifying Experts | A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If expert report, deposition after report provided. |
| Rule 26b4B - Consulting Experts | No discovery facts known/opinions held by expert retained in anticipation/preparation of litigation/trial who is not expected to be called witness. However, 1) Rule 35b (mental/physical), or 2) exceptional circumstances, impracticable obtain other means |
| 26a2 - Disclosure of Expert Testimony | A. a party must disclose ID of expert witness B. unless otherwise stipulated, disclosure must be accompanied by a written report |
| 26a2B - Required Contents of Expert Report | 1. opinions and basis/reasons 2. data/other information used to form opinions 3. exhibits used to summarize/support 4. qualifications + list of publications from last 10 years 5. other cases where expert testified at trial/deposition 6. compensation |
| 26a2c - Disclosure of Expert Testimony (Timing) | Make disclosures at times/in sequence as directed by the court. Absent stipulation/court order: 1. +90 days from trial date 2. if contradict/rebut info from another party, within 30 days of the other's disclosure |
| 26b4c: Payment of Expert Fees | Unless manifest injustice, court will require the party seeking discovery pay the expert a reasonable fee |
| 37c1: Sanctions - Failure to Disclose | Failure to disclose/ID a witness, the party won't be allowed to use that info/witness on motion, hearing, trial, unless substantially justified/harmless. Addition/instead, court: A. may order payment caused by failure B. inform jury, AND C. impose othe |
| 37b2a: Sanctions - Failure to Comply with Discovery Order | Fails to obey permit/provide discovery, the court: 1. matters in order are established as prevailing party claims 2. prohibit from support/oppose 3. strike whole/part 4. stay proceedings until obey 5. dismiss whole/part 6. render default judgment |
| 60b: Post-judgment Relief | On motion/just terms, court may relieve from final judgment: 1. mistake, inadvertence, surprise, excusable neglect 2. newly discovered evidence 3. fraud, misrep, misconduct by oppos party 4. judgment void, lack PJ/SMJ 5. judgment satisfied 6. any ot |
| 60c1: Post-judgment Relief - Timing | Motion under 60b (Post-judgment) = reasonable time. Reasons 1, 2, 3 = no more than one year after judgment |
Created by:
PrGrd
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