Discovery

Question 1

Can a party obtain discovery about a non-testifying expert?

Answer 1

To obtain discovery about an expert who is not a prospective witness, there must be a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.

Question 2

How can a defendant respond to a request for admissions?

Answer 2

There are three alternative “responses” to a request for admission. These are (i) an objection to the request, (ii) a written response to the request (whether an admission, denial, qualified admission or denial, or statement of the responding party’s inability to admit or deny), or (iii) no response at all. Failure to timely respond to a request for admission constitutes an admission. Accordingly, the requesting party does not need to seek a court order compelling a response; the response is automatically an admission.