Subpoenas Duces Tecum To Defense Experts

Although discovery is generally permissive, Louisiana courts have been unwilling to allow parties to obtain unlimited information from a defense expert witness, especially when it implicates the privacy interests of the defense expert and/or his patients.

The Louisiana Code of Civil Procedure is clear that parties are entitled to obtain certain information and documents from a retained expert, including: (1) a written report prepared and signed by the witness; (2) a complete statement of all opinions to be expressed and the basis and reasons therefore; and (3) the data or other information considered by the witness in forming the opinions. La. C.C.P. art. 1425. Further, upon the agreement of the parties or by order of the court, an expert may also be required to produce one or all of the following: (1) exhibits to be used as a summary of or support for the opinions; (2) the qualifications of the witness, including a list of all publications authored by the witness