Civil Litigation,
Civil Procedure
Mar. 19, 2024
In a fees-as-damages case, a Rule 26 stipulation can protect draft reports and communications
Civil litigators in California Superior Court should consider stipulating to apply Rule 26 of the Federal Rules of Civil Procedure for expert discovery, as it can make the trial expert’s role more efficient and avoid discovery disputes.
Ken Moscaret
Ken Moscaret, a former business litigator with trial experience, is a 33-year expert on attorney fee reasonableness and litigation management in high-stakes fee cases.
In this column, I suggest a useful practice tip for civil litigators to consider in California Superior Court actions when retaining experts to testify at trial. As a longtime attorney fee expert who has opined dozens of times on fee reasonableness and litigation management for both fee claimants and fee opponents in large, complex, multimillion-dollar fee dispute cases, I have found that this practice tip can make a trial expert’s role more efficient.
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