What is required for a consulting expert's opinion to be discoverable?

The correct answer is that there must be exceptional circumstances for a consulting expert's opinion to be discoverable. In the context of litigation, consulting experts are typically retained solely for trial preparation and do not typically act as witnesses. Their opinions are generally protected from disclosure in order to encourage collaboration and forthright communication between attorneys and their expert consultants.

However, if exceptional circumstances exist, such as when the expert's opinions have been relied upon in a manner that significantly affects the case or impacts the opposing party's ability to prepare its defense, a court may compel the discovery of the consulting expert's opinion. This standard acknowledges the balance between the protection of an attorney's work product and the opposing party's right to obtain necessary information to ensure a fair trial.

Other options focus on different conditions that are not universally required for a consulting expert's opinion to be discoverable. For example, requiring a deposition or written presentation does not apply to consulting experts in the same way it does to testifying experts. Similarly, the statement that such opinions do not need to be discoverable under any circumstances overlooks the potential for exceptional situations where disclosure may be mandated.