Wednesday, May 31, 2006

Ohio Appellate Court Approves Discovery of Paralegal's Role in Drafting of Expert Reports

We've been informed of a decision earlier this month, from the Ohio Court of Appeals, approving the deposition of a paralegal identified by two expert witnesses as playing some role in the drafting of their reports. The opinion upholds the denial of a motion for protective order by proponent's counsel, over a dissent prophesying a general opening of the discovery floodgates. The majority dismisses the dissent's concerns as overwrought. But maybe this sort of thing is a bit more common than the majority imagines? See Stanton v. Univ. Hosps. Health Sys., Inc., 2006-Ohio-2297.

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.