Publication Search Results
"The Scope of Discovery of Experts", International Law Office (December 2010)
Date: December 21 2010
In this article Michael Schafler and Michael Beeforth discuss "The Scope of Discovery of Experts" published by the International Law Office discusses the following issues:

  • Shift Towards Broader Disclosure
  • Broad Interpretation of 'Findings': Browne (Litigation Guardian of) v Lavery
  • Narrow Interpretation of 'Findings': Conceicao Farms Inc v Zeneca Corp.
  • Today's Approach: Bookman v Loeb

Generally, an expert may testify at trial only after delivering, prior to trial, a report setting out the substance of his or her proposed testimony. An inevitable by-product of this practice is an expert's file replete with an engagement letter, correspondence, notes, draft reports and other documents. While the part receiving an expert's report is entitled to some form of pre-trail discovery of the expert's file, there is debate over the extent to which the adverse party may examine the file.

To read more click on the download button.