Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony

CHAPTER 11 Rebutting the Financial Expert Witness Report

THE FINANCIAL EXPERT REBUTTAL

Under Federal Rules of Civil Procedure (FRCP), Rule 26(a)(2)(D), the defendant is allowed to rebut a plaintiff’s opposing financial expert witness report. A rebuttal is an important part of discovery, exposing flaws and weaknesses in an opposing expert’s work and opinions. Once shortcomings are exposed, and differences in facts and assumptions are identified, admissibility, reliability, and credibility can be challenged. The objective for the financial expert witness rebuttal is to assist the trier of fact to make an informed decision about the issues by exposing inadmissible or unreliable testimonial evidence. In many cases, a powerful rebuttal can lead to expedited settlement.

STEPS FOR AN EFFECTIVE REBUTTAL

There are many ways to approach the preparation of a financial expert witness rebuttal report. Many financial expert witnesses prefer to attack the numbers, seeking to find errors in formulas, calculations, and summaries. Others use the conceptual approach, making arguments about the validity and reliability of the methods used by the opposing financial expert witness. The federal rules, together with case precedence regarding expert witness testimony admissibility, provide guidance ...