CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney Work Product
.........Expert's Reports/Documents
............Dual Role/Testifying Witness
4 Cards On This Topic:
  • Parties in multi-party case may not conspire to suppress expert's report by agreeing to indemnify one party in exchange for not naming expert as witness.
  • Reports of experts who will be testifying re matters not in nature of a confidential communication from client to attorney not privileged.
  • Steps trial court should follow when determining which portions of dual-role expert's documents are discoverable.
  • Distinction must be made between services rendered in advisory capacity and those rendered as expert witness when determining portion of work product discoverable.