1. 2. 3. 4. 5.

D B C? B D

Essay: A. First, it must be established whether or not D plans to use Dr. Emerg as an expert witness or as a general witness over the accounts that took place when P went to see him. This is important bc expert testimony differs from regular witness accounts per R 26(a) that states a party must diclsoe to other parties identity of any witness It may use at trial. -If D plans to use Dr. Emerg as a general witness, as I presume D would since an atty would likely want to look around and carefully pick an expert Dr. of its own, then D would need to file a report before trial and inform P of the witness. -If D plans to use Dr. E as expert witness, then different rules apply per 26a2B. Thus, D must disclose to P the particular expert witness its planning to use by means of a report with complete and signed statement of all opinions of the witness to testify, facts considered by witness to use in testifying, exhigbits, qualifications, other involved cases, and how much theyre making by giving testimony.

B. D is likely entitled to this the pictures and report from doctor D, the question is how will he obtain the information i.e. by compelling P to produce the documents, or can D obtain the same information on his own. (Cts generally allow and favor the parties to work out discovery disputes on their own accord. The ct usu. Only gets involved in a disagreement, such as this one) -Per R 34 a party may serve on any other party a request w/in the scope of 26(b) (the heart of discovery rule) to produce or permitw/in responding partys possession, custoyd or control any docs or ESI, anything designated tangible things, or permit entry on to land. -It is important to note the w/in resp partys possession, custody or control If P has w/in its possession Dr. Faires reports and pictures, then D is likely entitled to the discovery info requested from Pespecially if, for some reason, the report/pictures are the only copies bc then D could only receive this relevant information by way of Ps cooperation. This scenario is unlikely as Drs. Generally keep their own records/files.

-However, if Dr. Faire has the originals, then D can likely obtain the information by deposing/sending interrogs to Dr. Fair. However, this might be considered an undue burden since the deposing rules change with non/3d parties. Deposing Dr. Fair would require a subpoena to produce the evidence as 3d parties arent required by law to cooperate w/o subpoena. -D also has the obstacle of ensuring that its not unduly burdensome on P to produce these documents. Since this not like the cases involving hundreds of files, or electronic documents, but is only requesting a report and pictures (presuming the report is of average length bc some med reports/pictures can be quite extensive), it is unlikely to be burdensome on D. Out of time