In Republic of Ecuador v. Hinchee, Case No. 12-16216 (decided December 18, 2013), the Eleventh Circuit addressed the extent to which a party’s expert witness must produce documents in discovery. Appellate court decisions addressing discovery issues are rare. The decision suggests how attorneys might better deal with their experts. The Hinchee case is an outgrowth of a heavily-litigated dispute between plaintiffs in the Republic of Ecuador and Chevron. Among other things, those parties are involved in a dispute pending in the Permanent Court of Arbitration in The Hague. In connection with that arbitration, the Republic of Ecuador subpoenaed documents from… Read more