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

CHAPTER 7 Federal Rules of Civil Procedure for the Financial Expert Witness

PROCEDURAL RULES ON EXPERT WITNESS REPORTING AND TESTIMONY

In general, Federal Rules of Civil Procedure (FRCP), Rule 26(a)(2)(B) governs the disclosure of financial expert testimony. This rule states the following about written reports of the financial expert witness:

Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report—prepared and signed by the witness—if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party’s employee regularly involve giving expert testimony. The report must contain:

1. a complete statement of all opinions the witness will express and the basis and reasons for them;
2. the facts or data considered by the witness in forming them;
3. any exhibits that will be used to summarize or support them;
4. the witness’s qualifications, including a list of all publications authored in the previous 10 years;
5. a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and
6. a statement of the compensation to be paid for the study and testimony in the case.

In order for the financial expert witness to better understand these requirements, each of them is explained in more ...