LAW 607 Lecture Notes - Lecture 45: Arson
1 Jun 2020
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P. 26(b)(4) governs discovery of information and opinions held by experts. X wakes up one night to find his neighbor"s house on fire. After her insurance company refuses to pay, the neighbor sues. The insurance company calls x as a witness. Even though x"s perception of the fire will be affected by his expertise in arson, x is not testifying as an expert if he simply describes what he saw that night. 26(b)(4)(a) allows a party freely to depose anyone identified as a testifying expert: non-testifying expert: if the expert will not testify, the facts she knows and the opinions she has formed are usually not discoverable. Other parties may discover that information only upon a showing of need. When discovery is allowed, it must be by deposition or interrogatories: given that other experts in the field are usually available, this standard is very difficult to meet.
