16 Access to Information and Evidence

Generally, the court and each party should have access to relevant and nonprivileged evidence, including testimony of parties and witnesses, expert testimony, documents, and evidence derived from inspection of things, entry upon land, or, under appropriate circumstances, from physical or mental examination of a person. The parties should have the right to submit statements that are accorded evidentiary effect.

Upon timely request of a party, the court should order disclosure of relevant, nonprivileged, and reasonably identified evidence in the possession or control of another party or, if necessary and on just terms, of a nonparty. It is not a basis of objection to such disclosure that the evidence may be adverse to the party or person making the disclosure.

To facilitate access to information, a lawyer for a party may conduct a voluntary interview with a potential nonparty witness.

Eliciting testimony of parties, witnesses, and experts should proceed as customary in the forum. A party should have the right to conduct supplemental questioning directly to another party, witness, or expert who has first been questioned by the judge or by another party.

A person who produces evidence, whether or not a party, has the right to a court order protecting against improper exposure of confidential information.

The court should make free evaluation of the evidence and attach no unjustified significance to evidence according to its type or source.