New amendments to Rule 26 of the Federal Rules of Civil Procedure significantly alter the process related to discovery by extending work-product protection to draft reports and other forms of communication between a lawyer and experts.
The numerous groups supporting the amendments anticipate the number of discovery disputes, as well as the costs associated with claims litigation, will be reduced. In turn, this will streamline litigation as the issues in dispute will be narrowed.
For risk managers facing potential claims, this means lower costs to litigate subrogation or other claims. It also may eliminate prior obstacles to expert investigations and reduce fears of creating a paper trail that will be discoverable, once litigation commences.
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