11:55 Welcome and Introductions
12:00 Using Experts in Fiduciary Litigation
Kimberly J. "Kim" Kirk, Johnston Allison & Hord PA, Charlotte
When is expert discovery useful and admissible? How do the 2018 revisions to Rule 26 of the North Carolina Rules of Civil Procedure affect expert discovery? What factors should you consider when deciding whether to have your expert prepare a report? This session dives into areas and uses of experts in fiduciary litigation and considerations when going into expert depositions, including issues arising from subpoenas and objections thereto. Review the scope of work product protection and how and when documents must be produced, explore cost-shifting options, and identify venue distinctions via a comparison of expert discovery protocol in federal court, North Carolina Superior Court, and proceedings before the Clerk of Court.