Motion to Compel Disclosures of Expert Opinion in Missouri

Background

“In order for an expert witness to be qualified, it must appear that because of education or specialized experience the person possesses superior knowledge respecting a subject about which persons having no particular training are not able to form an accurate opinion or draw correct conclusions.” (See Citizens Bank of Appleton v. Schapeler (1994) 869 S.W.2d 120, 131.)

“An expert must have sufficient skill, knowledge, or expertise so that his opinion may aid the trier of fact.” (See id.)

General Information for Complaints and Motions

“Subject to the rule governing expert witnesses, parties may obtain discovery of documents and tangible things otherwise discoverable under Rule 56.01(b)(1) and prepared in anticipation of litigation by that party's representative only upon a showing that the party seeking discovery has substantial need of the material in the preparation of its case and is unable, without undue hardship, to obtain the substantial equivalent of the materials by other means. Rule 56.01(b)(3).” (See Diehl v. Fred Weber (2010) 309 S.W.3d 309, 322-23.)

Standard of Review and Burdens of Proof

“Admitting or excluding expert testimony is generally left to the sound discretion of the trial court.” (See Citizens Bank of Appleton v. Schapeler (1994) 869 S.W.2d 120, 131.)

“That decision should not be disturbed absent an abuse of discretion.” (See id.)

The Court’s Decisions

It is well settled that “confidential communications between an attorney and his client concerning the representation of the client are protected by the attorney-client privilege.” (See In re Marriage of Hershewe (1996) 931 S.W.2d 198, 202.) “Absent a waiver, such privileged communications are immune from discovery.” (See Diehl v. Fred Weber (2010) 309 S.W.3d 309, 323.)

As such, it is also well settled that “the trial court shall apply the work product doctrine to protect against the disclosure of the mental impressions, conclusions, opinions, or legal theories, both tangible and intangible, created or commissioned by counsel in preparation for possible litigation.” (See id.)