Supporting Your Case: Discovery and Evidence
Part 4 of BVR's Online Symposium on Litigation and Economic Damages
Tuesday, November 1, 2011
12:00am-2:00am PT • 3:00am-5:00am ET
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As any attorney, financial expert, or fan of court-room television will tell you, no case can be tried without evidence. In "Support Your Case: Discovery and Evidence," BVR's Online Symposium on Litigation and Economic Damages continues with an in-depth look at the processes by which evidence is gathered and admitted to the U.S. court system. Though variations exist across jurisdictions, attorney Jonathan Dunitz and expert appraiser Nancy Fannon, both series curators, will cover what every financial expert needs to know when working on an assignment bound for a litigation setting.
- Introduction: What is Discovery and why do we have it?
- Devices of Discovery
- Requests for production of documents
- Requests for admissions
- Additional requirements of the Federal Rules of Civil Procedure
- Initial disclosures
- Expert designations
- Expert's prior publications
- Disclosure of digitally or electronically stored information
- Rules of Evidence
- Admissible evidence
- Expert testimony
- Facts relied on
- Legal predicates therein
- "Frye rule"
- Why are financial experts excluded?
- Spoliation of evidence
- Duty to preserve evidence
- Attorney-Expert Privilege
- Electronically stored information
- Learn the rules of evidence and discovery and how they can help or hurt your valuation and its presentation in court
- Understand what measures can be taken to ensure that you are in compliance with these rules as well as what opposing counsel will be looking for to discredit your work
- Clarify how rules have changed and what impact those changes have had
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