What is the disclosure of prior drafts of an expert’s report?

In Bookman v. Loeb, supra, Mesbur J. ordered disclosure of: prior drafts of the expert report; the expert’s notes of any meetings that reflect any information the expert obtained that formed part of the foundation of the opinion, whether factual or by way of assumption (but not other notes made by the expert which were regarded as subject to litigation privilege and not notes made by counsel which were held to be protected by solicitor-client privilege); copies of any letters of instruction or particulars of the instructions provided, including any changes to these instructions (but not other e-mails, letters or other correspondence passing between counsel and the expert, which was held to be subject to litigation privilege which had not yet been waived). Production of the expert’s files was not required to be produced at the discovery stage on the basis that the files “remained privileged until trial”. ORDER