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Opinion Letter No. 94-11
June 24, 1994
AG Asbestos Contracts Not Public
Contracts between the Department of the Attorney
General and testifying and non-testifying expert
witnesses connected with asbestos cost recovery litigation are not
"consultant" contracts that must be
made public. The OIP concluded that the Legislature could not have
intended to permit a third party
in civil litigation with an agency to use the UIPA to obtain access
to information that would not be
available under the rules of pretrial discovery, except upon motion
or a showing of exceptional
circumstances. After the conclusion of the litigation, the State’s
contracts with expert witnesses should
be made available for inspection and copying.
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