In Re Jordan, Ann v. Terumo BCT

containing such facts. Rather, the proper method of obtaining such facts is through discovery directed at the clients. The court further concludes that the district court erred in finding that C.R.C.P. 26(a)(2) required plaintiffs to disclose not only the spreadsheet provided to their expert, but also any privileged and confidential communications that the expert never saw but that counsel used to prepare the spreadsheet. The disclosure of the spreadsheet to the expert in this case did not effect a waiver of privilege. Rather, plaintiffs were obligated to produce only the information that…