Quigley v. KempAnnotate this Case
Idaho discovery rules require a testifying witness to disclose the basis and reasons for all opinions and all of the data and information considered by the witness in forming the opinions. The issue central to this case was whether a plaintiff had to disclose the identity of a non-testifying medical expert (the physician assistant) who consulted with a testifying expert (the physican-expert) to familiarize the testifying expert with the applicable local standard of care. This was a matter of first impression for the Idaho Court. The district court held that Rule 26(b)(4)(B) of the Idaho Rules of Civil Procedure shielded the Quigleys from disclosing the identity of the non-testifying medical expert. Defendant Dr. Travis Kemp was granted a permissive, interlocutory appeal to resolve this issue. The Supreme Court concluded district court’s decision to preclude discovery under Rule 26(b)(4)(B) was not consistent with applicable legal standards, and constituted reversible error.