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Georgia Motion for Discovery of Information Regarding State Experts
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Pursuant to Federal Rule of Evidence 702, as well as Daubert and its progeny, "district courts must act as 'gatekeepers' [, admitting] expert testimony only if it is both reliable and relevant." Rink v. Chemivnova, Inc., 400 F.
Draft expert reports are shielded from discovery under Rule 26(b)(4)(B): ?Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which the draft is recorded.?
In some instances, letters and emails between an attorney and a testifying expert may be discoverable. For example, Florida Rules of Civil Procedure § 1.280(b)(5)(A)(i) states that litigants have a duty to disclose the substance of the opinions to which an expert will testify.
An expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. An expert may in any event be required to disclose the underlying facts or data on cross-examination.
Draft reports and attorney-expert communications that occur while preparing the report ?are considered trial preparation materials discoverable only by showing the party seeking discovery has a substantial need of the materials and is unable to obtain the equivalent of the materials without undue hardship.? See id.; ...
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests ...
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...