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Under Federal Rules of Civil Procedure, Rule 26(b)(4) , only experts retained for trial and trial preparation can be subjects of discovery. If the expert is retained only as a consultant but not in anticipation of trial testimony, then his work on the case is probably not discoverable.
Note: You do not need to provide copies of any documents with this report. You only need to let the opposing parties know that you have these documents in your possession or control.
There are three main types of trial exhibits. They are often classified as real, illustrative, or demonstrative evidence.
Parties must generally disclose in advance all exhibits they expect to use at trial, typically in the form of an exhibit list. A major exception to this rule is where a party intends to use an exhibit solely for impeachment, in which case the party does not need to disclose it on an exhibit list.
FRCP Rule 26(f) Explained Rule 26(f) describes a conference of two parties (the plaintiff and defendant) to cooperate and set out a clear plan for the process of discovery. In terms of responsibility for arrangement, both parties are jointly responsible?and this remains true as the case progresses.