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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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Date Created: August 7, 2023