State ex rel. Jason H. Malashock, Relator v. The Honorable Michael T. Jamison

Richard B, Teitelman, Judge

The issue in this writ proceeding is whether, for purposes of pretrial discovery, the work product doctrine is waived when a party designates an expert witness pursuant to Rule 56.01 and then rescinds the designation without disclosing the expert’s analysis or conclusions. This Court holds that designating an expert witness pursuant to Rule 56.01 does not, standing alone, irrevocably waive the protections afforded by the work product doctrine. This Court issued a preliminary writ of prohibition, which is now made permanent.

Facts

Jason Malashock (Plaintiff) was…