The expert file includes materials considered, notes, calculations, correspondence, invoices, and prior work product. Federal practice protects drafts and most attorney communications while leaving the remainder discoverable.
State practice varies substantially.
Alternative Names:
Expert File, Production of Expert Materials
Why it Matters?
Requesting the file well before the deposition is what makes the examination productive, since reviewing calculations and notes on the day is impractical. Invoices are separately useful because they document time spent, which can reveal that an expert devoted a few hours to a case in which they offer sweeping opinions. In states without draft protection the file can include everything, which changes how experts should be engaged there.
Frequently Confused with
Related terms
Frequently asked questions
What is discoverable from an expert's file?
Why are invoices useful?
