Pulling Skeletons from the Closet: A Look into the Work-Product Doctrine as Applied to Expert Witnesses

Abstract:     
This article explores the potential for discovering pretrial, or revealing during the cross-examination of an expert during trial, otherwise protected work-product materials that have been supplied to the expert witness by counsel.

The first part of this article discusses the disclosure of fact work-product relied on by the expert in forming an opinion during cross-examination as well as whether it is subject to pretrial discovery. The article then analyzes whether additional protection is given to opinion work product supplied to or relied on by the expert witness. Finally, the article discusses whether the work product protection has been waived if the expert uses work product material to refresh recollection both prior to and during the trial.

Working Paper Series