Must Your Client Pay An Opponent's Expert For Prep Time?

By Gregory Ruehlmann and Nicholas Mecsas-Faxon (July 21, 2022, 6:05 PM EDT) — The Federal Rule of Civil Procedure 26(b)(4)(E) requires a party seeking discovery from an opponent’s expert to “pay the expert a reasonable fee for time spent in responding to discovery” under Rule 26(b)(4)(A).

But what exactly does “responding to discovery” entail when it comes to expert depositions? It is a given that your client would be expected to pay the disclosed hourly rate for the expert’s actual testimony.[1] But are you on the hook for the time that same expert spends preparing for the deposition too?

This article surveys the state of the law on this question and then aims to…

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