State Ex Rel. Tracy v. Dandurand

WOLFF, Judge.

Does a party continue to have an attorney-client privilege as to documents that the party has provided to its retained expert witness who is designated to testify? While trial courts frequently confront the subject of discovery as to retained experts, the question presented here appears to be one of first impression in this Court.

The expert witness in this case had reviewed the documents and gave them to opposing counsel at the witness’ deposition, but the trial court entered an order prohibiting use of the documents. Because Rule 56.01(b)(4) allows discovery by deposition of…