Expert Retention and Discovery

<jats:title>Abstract</jats:title> <jats:p>Chapter 9 analyzes the pivotal role of expert witnesses in navigating complex scientific and regulatory evidence inherent in drug and device product liability litigation, outlining best practices for identifying, interviewing, vetting, and retaining experts across scientific, medical, regulatory, and economic disciplines. It explains how experts support litigation from initial case evaluation and discovery through trial. The chapter then discusses preparation of expert reports under Federal Rule of Civil Procedure 26, and discusses discoverability, work-product protection, drafting protocols, and communication practices between counsel and experts. Finally, it covers expert testimony, including strategies for deposing opposing experts, preparing one’s own experts for deposition or trial.</jats:p>