This appeal addressed the scope of expert disclosure required from a defendant at the discovery stage, specifically concerning foundational documents like letters of instruction, after a Rule 53.03 compliant expert report has been served but before a decision to call the expert at trial has been made.
The Master had ordered disclosure, finding an implied waiver of litigation privilege.
The Superior Court allowed the appeal, holding that serving a Rule 53.03 report does not automatically waive litigation privilege over foundational documents at the discovery stage, distinguishing cases where experts are confirmed to testify at trial.
The court emphasized that privilege continues unless there is a reasonable suspicion of improper influence or specific rules mandate disclosure.
