The plaintiffs brought a motion to compel the municipal defendant to answer undertakings and produce documents relating to expert evidence arising from environmental contamination litigation.
The court considered Rules 31.06 and 53.03 of the Rules of Civil Procedure governing disclosure of expert findings, opinions, and materials reviewed by experts.
Because the defendant intended to call its environmental expert at trial, the court held that the expert’s memoranda, email communications, and materials reviewed by the expert were producible to permit the opposing party to test the opinion evidence.
Although the defendant had undertaken not to call a valuation expert, a partial disclosure of a letter from that expert was ordered because it had been reviewed and used as instructions for the testifying expert.
The motion was granted with production orders and compliance deadlines.
