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The Title 28 of the United States Code QUESTION #3707
Question 1
A plaintiff sues for negligence. During discovery, the plaintiff's lawyer hires an expert to evaluate the defendant's equipment. The expert prepares a report but will NOT be called to testify at trial. The defendant moves to discover the report. Is the report discoverable?
  • Yes, all expert reports are discoverable under Rule 26.
  • No, unless the defendant shows exceptional circumstances under which it is impracticable to obtain facts or opinions on the same subject by other means.✔️
  • Yes, but only if the defendant pays half the expert's fee.
  • No, it is protected by the absolute attorney-client privilege.
Correct Answer Explanation
Rule 26(b)(4)(D) protects the opinions of non-testifying 'consulting' experts. Discovery is permitted only upon a showing of 'exceptional circumstances.'