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If a court allowed an expert to testify on direct examination that he or she relied on consultations with other experts, the jury might infer that those colleagues agreed with the testifying expert, the court concluded. As such, AGE is charged with knowing that materials reviewed by a testifying expert must be preserved and eventually produced to the opposing party. Consider retaining them initially as consultants only with the option of designating them later or selecting another testifying expert if deemed appropriate. |
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