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Committee backs discovery-rule language to protect experts' "working papers," members raise definition concerns
Summary
Document 52-75, which adds the phrase "working papers" to hearing-preparation protections, was approved 7-0 after committee members and industry representatives debated whether the term is sufficiently defined.
The committee approved Document 52-75, amending discovery rules to insert the phrase "working papers" alongside attorney work product in hearing-preparation protections. The roll-call approval was 7-0.
Representative Martin questioned the change, asking whether "working papers" is a defined legal term and warning that an undefined term could broaden discoverability claims and delay proceedings. "My only concern is, if you use the term working paper without an actual definition of…
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