Discovery

Definition

In every jurisdiction, the rules of evidence permit attorneys to obtain information on the basis of the opinions of the expert witnesses. The process of examining information from the expert witness presented by the opposition is referred to as discovery. In both civil and criminal litigation, discovery rights are always imposed; thus, each expert witness is subject to this process. Discovery rules in most states are based on the Federal Rules of Evidence (FRE). While discovery is intended to collect information, it also serves to narrow or refine disputes regarding critical issues. In the case of forensic neuropsychologists serving as expert witnesses, it is often the case that one’s entire file (e.g., interview notes, raw test scores, behavioral observations, etc.) be provided to the opposing counsel (or at least to their own retained neuropsychologist expert). Matarazzo (1990) outlined multiple types of raw data scrutinized during discovery including: (1) written...