Thank you for updating your reference library with the 2019 edition of A Practical Guide to Discovery and Depositions in Rhode Island. Highlights from the many topics addressed in this new edition include
- amendments to the Superior Court Rules of Civil Procedure relating to the discovery of electronically stored information (ESI), including the establishment of a safe harbor for information lost as a result of the good faith application of an ESI system;
- decisions of the Rhode Island courts concerning claims of attorney-client privilege and attorney work product, including a ruling that assertions of attorney-client privilege must be made on a question-by-question basis;
- ethics guidance regarding referral of clients to a document retrieval company in which the attorney has an undisclosed financial interest;
- depositions of medical professionals in medical malpractice cases;
- the pleading burden imposed on a party seeking to establish that the plaintiff's mental or physical condition is in controversy;
- guidance on requesting medical information pursuant to the HITECH Act;
- the legal standards applicable to the use of interpreters at physical or mental examinations;
- the Rhode Island Supreme Court's rejection of a claim that prenuptial and postnuptial agreements were drafted in anticipation of litigation;
- a brief discussion of the Uniform Interstate Depositions and Discovery Act (UIDDA), which has been considered in Rhode Island but not yet adopted;
- a pending proposal to expand discovery with respect to materials relied on by testifying experts and a Rhode Island Supreme Court decision on who constitutes a nontestifying expert for purposes of the discovery rules; and
- an update on the operations of the Superior Court Business Calendar.
We trust you will find the 2019 edition of A Practical Guide to Discovery and Depositions in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
John M. Lawlor, Esq., MCLE Publications Attorney