Archive: March 4, 2010

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Plan Ahead: Proposed Amendments to Rule 26 Would Extend Work-Product Protection

Plan Ahead: Proposed Amendments to Rule 26 Would Extend Work-Product Protection

One of the great things about the current rule-making process is the ability to see change on the horizon and adapt accordingly.  This year, absent any unforeseen objection or delay, Rule 26 will be amended to extend the scope of the work-product doctrine to encompass draft expert reports and most communications between experts and counsel.  Currently, the proposed amendment (and all proposed rule amendments, for that matter) is being considered by the Supreme Court.  Pursuant to statute, the Court must transmit prescribed amendments to Congress by May 1st.  Thereafter, absent legislation to reject, modify, or defer the rules, the prescribed amendments will take effect as a matter of law on December 1st.

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