"At issue is a report prepared by a structural engineering consultant, Thomas Walstrom, P.E., of EFI Global, Inc., retained by plaintiff but not disclosed as a testifying expert witness. Defendants seek the production of the report followed by other related discovery if necessary. Plaintiff seeks to prohibit any such discovery." So wrote the Southern District of Iowa in the case of Southern Ins. Co. ex rel. Tony Lowenberg v. CIG Enterprises, Inc., 2017 WL 3449613 (S.D. Iowa June 13, 2017; Jackson, U.S. M.J.).
Put another way, this was a case presenting the issue of when can there be discovery of a non-testifying expert's written report and what if anything can be discovered from it.
The Court allowed discovery in that case of the facts and underlying data contained in the non-testifying expert's written report.
However, the non-testifying expert's opinions were held not to be discoverable under the federal Rules of Civil Procedure, and the expert himself was not required to be deposed nor, for that matter, was his deposition prohibited "at this time."
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