Office of Information Practices

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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