Republic of Ecuador v. MacKay (No. 12-15572, 2014)
The panel affirmed two district courts’ decisions ordering the production of documents for use in a foreign proceeding under 28 U.S.C. § 1782.
The panel held that the 2010 amendments to Federal Rule of Civil Procedure 26 did not fundamentally change the scope of work product protection for expert materials. It therefore rejected the argument that the district courts erred because many of the documents at issue were presumptively immune from discovery under Rule 26(b)(3)’s protection for trial preparation materials.
Arriving at the same result as two other circuits, the panel held that Rule 26(b)(3) does not provide presumptive protection for all testifying expert materials as trial preparation materials.
- This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.↵