The correct answer highlights that opinions of a nontestifying expert are discoverable upon a showing of exceptional circumstances. This principle recognizes the protective nature of the work product doctrine, which generally shields the opinions and analyses of nontestifying experts from disclosure to preserve the integrity of the litigation process.
Exceptional circumstances may arise when the requesting party can demonstrate that the information is vital to their case and cannot be obtained through alternative means. For example, if the nontestifying expert possesses unique knowledge or insights that are crucial for the case and cannot be accessed from other experts, a court might allow discovery. This approach balances the need for fair access to relevant information with the need to protect the work of experts who are not called to testify.
In contrast, the ideas that opinions are always discoverable, only disclosable if a written report exists, or that they can be accessed simply because the parties agree, overlook the requirement of demonstrating a special need or exceptional circumstance that justifies discovery of such protected information. This emphasizes the legal framework aimed at safeguarding the adversarial process while allowing for flexibility in extraordinary situations.