our final lesson in module seven,
less than 7.5 is on the work product doctrine, and we previewed this when we were talking about the federal rules off civil procedure.
In this video, we're going to discuss the work product doctrine and what it is. It's important for you to understand this because this is the doctrine and the
that allows a lot of our work to not be discoverable.
Ordinarily, a party may not discover documents or tangible things that are prepared in anticipation of litigation or for trialing by or for another party or its representatives.
However, Rule 26 B three A and B protect communications between the party's attorneys in any witnesses required to provide a report under Rule 26 A. To be regardless of the form of the communication X step, to the extent that the communications
relate to compensation,
identify, fax or data that the party's attorney provided
and that the expert considered informing their opinions or identifies assumptions that the party's attorneys provided and that the expert relied upon
the key thing here is to understand that
any communication that you rely used and relied upon cannot be considered privileged However, those items that are
related are not related to
decisions that you've made. So emails such as having a conversation about
you're gonna have your deposition or details behind
arranging the deposition or anything that's been done that is not going to be relied upon
as part of your opinions
And we'll talk about why this is so important, why we have two different types of the
being a consulting expert is very different from being a testifying expert on what that designation really means.
In this video, we discussed the work product doctrine.