2. (§25.21) Document Discovery

• Library: Federal Civil Litigation in Oregon (OSBar) (2009 Ed.)

2. (§25.21) Document Discovery

Expert witnesses must disclose information relevant to their opinions. FRCP 26(a)(2). Typically, the deposing party serves a subpoena duces tecum with the deposition notice, requesting responsive documents. Materials that a lawyer furnishes to his or her experts are not privileged and are therefore discoverable. See Advisory Committee Note, FRCP 26(a)(2) (1993). Although experts are obligated to provide all information they relied on in support of their opinions, they have no legal duty to retain "every scrap of paper" created in preparing their opinions. McDonald v. Sun Oil Co., 423 F Supp2d 1114, 1122 (D Or 2006), aff'd in part, rev'd in part, 548 F3d 774 (9th Cir 2008) (internal citation omitted).

NOTE: Although federal courts have required experts to produce

...