Section 2.7 Retained Experts

• Library: Discovery 2015

Rule 56.01(b)(4) provides for discovery of “facts known and opinions held” by experts once they have been designated as trial witnesses. The discovery of facts known and opinions held by an expert are, until the expert is designated for trial, the work product of the attorney retaining the expert. Rule 56.01(b)(3). Once the attorney discloses the expert as a witness expected to testify at trial, the expert is subject to discovery. Rule 56.01(b)(4).

An important consideration is whether a witness is a...