Forensic Neuropsychologist Ronald H. Roberts PhD email hidden; JavaScript is required, a member of fpamed, provided the following 2 articles for our website that outline proposed significant changes to the disclosure requirement features of the Federal Rules of Civil Procedure Rule 26. These changes will extend work product immunity.Congress makes changes to the widely endorsed proposal  awaiting Supreme Court approval on May 1, 2010,  as of  December 1, 2010 Experts will no longer be required to disclose draft versions of their FRCP 26(a)(2) Reports. Furthermore they will no longer be required to disclose communication including electronic communication between the expert and the retaining attorney with the following 3 exceptions. The amended rule specifically denies work product protection to communications that (1) related to compensatioin for the expert’s study or testimony; (2) identify facts or data that the party’s attorney provided and that the expert considered in forming the expressed opinions: and (3) identify assumptions that the party’s attorney provided and that the expert relied upon in forming his expressed opinions.

Download pdf versions of the 2 articles: Download Cheng (2010) ; Download Rule-26-major changes