Expert Witness - Non-testifying Experts

Non-testifying Experts

In the U.S., a party can hire experts to help him/her evaluate the case. For example, a car maker may hire an experienced mechanic to decide if its cars were built to specification. This kind of expert opinion will be protected from discovery. If the expert finds something that is against its client, the opposite party will not know it. This privilege is similar to the work product protected by the attorney/client privilege. The non-testifying expert can be present at trial or hearing to aid the attorney in asking questions of other expert witnesses.

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