The defendant brought a motion for leave to examine a non-party, who was an expert engaged by the plaintiffs, for discovery.
The plaintiffs opposed the motion on the basis that Rule 31.10 of the Rules of Civil Procedure expressly prohibits the examination of an expert engaged by a party in preparation for litigation.
The court agreed, finding that the rule does not apply to experts, and dismissed the motion for leave to examine the expert.
The court also validated service of the motion material on the non-party.
