In the closest tally of its annual meeting in Honolulu, the American Bar Association decided last week to push for a federal rule change to protect expert draft reports from discovery. After vigorous debate, the ABA's House of Delegates voted 207-137 to recommend adding to Federal Rules of Civil Procedure Rule 26(a)(2) a privilege for draft reports and communications between attorneys and their experts. The measure will be forwarded to the U.S. Supreme Court's advisory Committee on Civil Rules.
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ABA Delegates Pass Measure to Shield Experts' Drafts From Discovery
New Jersey Law Journal
August 15, 2006
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