TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 12, 2017
RE: Rule 26, N.D.R.Civ.P., General Provisions Governing Discovery
The committee has discussed proposed amendments to Rule 26 at its last three meetings. In September, after lengthy discussion, the committee approved proposed changes to the part of the rule related to discovery of expert opinions. Under the proposal, discovery of experts would be more like discovery under the federal rule with expert reports required in some cases and more protection for communication between expert witnesses and attorneys. The proposed amendments are attached.
The proposal was approved subject to comment and additional discussion at this meeting. Comments on the proposed changes are attached. Attorney Justin Hager indicated that the proposed changes were onerous and recommended against them. Attorney Ronald Fischer was generally in favor of the changes, but thought the period to find a new expert to rebut the other side's expert was too short.