Are draft reports discoverable?
Abstract: Federal courts have loosened the restrictions on the discoverability of draft reports. But many exceptions exist, so it’s wise to remain cautious when exchanging documents with expert witnesses. This brief article summarizes the recent update of Federal Rule of Civil Procedure (FRCP) 26, which facilitates freer exchange of information between attorneys and expert witnesses. While sharing draft reports and other documents is no longer taboo, prudent experts and attorneys need to understand the limits of the new Rule 26.