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Hofstra Law Review

2019

Civil procedure

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Expert Witness Reports In Federal Civil Litigation: The Role Of The Attorney In The Expert Witness Report's Preparation, Arthur F. Greenbaum Sep 2019

Expert Witness Reports In Federal Civil Litigation: The Role Of The Attorney In The Expert Witness Report's Preparation, Arthur F. Greenbaum

Hofstra Law Review

Every day across America civil litigators in federal court work closely with experts to create required expert reports and hone expert testimony. Yet they do so without clear guidance as to the limits, if any, on their assistance. Despite an attempt in 2010 to clarify the rules in this area with amendments to the Federal Rules of Civil Procedure, that attempt has proven woefully inadequate. Today there is no consensus as to the line between proper assistance and lawyer overreaching. There are major areas of uncertainty over the means by which the degree of lawyer involvement can be discovered. While …