The provisions of Federal Rule of Civil Procedure 26 dealing with expert disclosure requirements and the scope of expert discovery were last amended just over a year ago on December 1, 2010. These amendments sought to address the practical realities of working with an expert—under the former version of the rule, the broad allowance of expert discovery prevented meaningful exchanges between counsel and their party’s experts and forced counsel to cautiously avoid creating a discoverable record. While the legal community widely supported the 2010 amendments, and while these amendments have undoubtedly streamlined the process for expert preparation and related discovery, case law over the past year has demonstrated that the amendments present plenty of pitfalls for the unwary.

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