Starting December 1, 2010, experts subject to Rule 26 of the Federal Rules of Civil Procedure will see some changes. Rule 26 has been updated by several important amendments that impact the expert-attorney interaction.
The goal behind the changes is to enhance the expert’s ability to collaborate with counsel and assist in developing and refining theories. Proponents of the changes felt that much of litigation was spent on discovery issues with experts and was increasing the cost of litigation as clients were being forced to hire a consulting and testifying expert.
The changes can be summarized as follows:
It is still uncertain if some states will adopt these changes. It also remains unseen as to how these changes will impact attorneys and expert’s actual case procedures.