Advisory Committee Mulls Rule Changes on Expert Disclosure

The Federal Civil Practice Bulletin has posted a report from Professor Steven Gensler, of the University of Oklahoma College of Law, on the recent doings of the Rules Advisory Committee. Among other things, the committee is apparently considering changes: (1) to clarify when testimonial experts are subject to the report requirement of Rule 26(a)(2)(B) (good idea); (2) to permit lawyers to show work product to experts without waiving the privilege (debatable); and (3) to exempt draft reports from discovery (ditto). Discussions apparently remain in their early stages.