The Federal Rules of Civil Procedure contain express instructions regarding the discoverability of expert witnesses. The Rules, however, lack any specific guidelines regarding the discoverability of the identity of nontestifying experts, indicating only that such discovery can be obtained upon a "proper showing." The various circuit courts of appeal that have considered the meaning of this phrase have arrived at contrary positions concerning its meaning. Thus, although this information is often valuable or even critical to the preparation of a lawsuit, no uniform guidelines presently exist by which courts and parties can determine whether the identity of nontestifying experts can or should be allowed. This Note addresses the problem of identity discovery.
Douglas Alan Emerick,
Discovery of the Nontestifying Expert Witness' Identity under the Federal Rules of Civil Procedure: You Can't Tell the Players without a Program,
37 Hastings L.J. 201
Available at: https://repository.uchastings.edu/hastings_law_journal/vol37/iss1/4