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Law 101: Legal Guide for the Forensic Expert

Orders for Production

Photo of a courtroom gavel. Caption reads, 'Order for Production'
National Institute of Justice (NIJ) (see reuse policy).

Orders for production occur in a typical order: 

  • The expert's file is reviewed before deposition or trial.
  • Various items are removed; they are identified for the benefit of opposing counsel.
  • Opposing counsel then seeks a show-cause order or order for production.  (Source: See, for example, Federal Rules of Civil Procedure, Rule 37.)
  • Any documents at issue are submitted to the court by the expert's retaining attorney.
  • The documents are submitted in a sealed envelope for an in camera (in judge's chambers) examination.
  • The court or tribunal examines the documents at issue against the legal arguments.
  • The documents are tendered without allowing opposing counsel to view them.
  • Orders are entered as to whether the items are privileged

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