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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.
Program Agenda
Introduction: What is Discovery and why do we have it?
Devices of Discovery
Depositions
Requests for production of documents
Interrogatories
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
Daubert
"Frye rule"
Why are financial experts excluded?
Hearsay
Spoliation of evidence
Duty to preserve evidence
Attorney-Expert Privilege
Electronically stored information
Learning Objectives
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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