Expert witnesses can help clarify complex issues in administrative cases but may also complicate discovery. Parties should carefully consider whether designating an expert is necessary and beneficial for their case or will overly burden discovery. Any potential expert witnesses should be prepared early for the scope of discovery, as their documents and communications are not protected. Learned treatises can support or impeach testifying experts if properly introduced through questioning.

1. Litigation Tips for Complex Administrative Law Cases Experts, Discovery, and Learned Treatises

19. Consequences of Discovery Errors

21. Failure by a witness to keep documents that may be discoverable can result in sanctions. Trevino, M.D. v. Ortega, 969 S.W.2d 950 (Tex. 1998).

22. Evidence spoliation is not a new concept. For years courts have struggled with the problem and devised possible solutions. Probably the earliest and most enduring solution was the spoliation inference or omnia praesumuntur contra spoliatorem :……