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(a) FEDERAL RULE OF EVIDENCE 702 Most witnesses who testify in a litigation are fact witnesses A fact witness can provide testimony based on what he has seen, heard, or otherwise observed A fact witness may not offer opinions By contrast, an expert witness by reason of education or specialized experience possesses superior knowledge about a subject and as such may offer opinions at trial An accountant may testify as an expert witness if his opinion will assist the trier of fact in understanding the evidence or determining the issues in a case Federal Rule of Evidence 702 governs the admissibility of expert opinion testimony Rule 702 states that if scienti c, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness quali ed as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise (b) EFFECT OF DAUBERT V MERRELL DOW PHARMACEUTICALS In Daubert v Merrell Dow Pharmaceuticals, 113 S Ct 2796 (1993), the Supreme Court addressed the rules pertaining to the admission of expert testimony Since 1923, based on Frye v United States, 293 F1013 (DC Cir 1923), the federal courts applied a test (the general acceptance test) by which scienti c expert opinions should be admitted into evidence Under this standard, an opinion was admitted only if it was based on generally accepted methodology within the industry In the Daubert decision, the Supreme Court determined that in order for expert witness opinions to be admitted under 702, they did not have to meet the Frye general acceptance test and clari ed that Rule 702 does not establish general acceptance as a criteria for admissibility The Daubert decision clari ed the trial court s role in determining the admissibility of expert testimony In doing so, the court need not determine whether the methodology meets the general acceptance test but must assess the validity of the methodology used and the applicability of that methodology to the speci c facts of the case Discussions of issues of expert testimony are extended in 47 Financial Expert Witness Challenges and Exclusions: Results and Trends in Federal and State Cases since Kumho Tire (c) FEDERAL RULE OF CIVIL PROCEDURE 26 If the accountant has been engaged to serve as a testifying expert witness, he must become aware of the effect of Rule 26 of the Federal Rules of Civil Procedure, which deals with the procedure for written isclosure of expert testimony Pursuant to Rule 26, the identity of one side s potential testifying experts, as well as information about the expected testimony, must be voluntarily disclosed at the outset of a case, without receipt of a formal discovery request In addition, Rule 26 provides that the expert prepare and sign a written report This report must be disclosed to the other parties before the expert will be allowed to testify at trial Unless the date by which disclosure of the written report must be made is decided by the trial judge, rules of the local court, or by agreement of the parties, the report must be disclosed at least 90 days before the date of trial If an expert is retained solely to rebut the testimony of an opposing expert, the report of the rebuttal witness must be disclosed within 30 days of the disclosure of the other expert s report Generally, the expert witness will not be permitted to testify at trial to his opinions unless the opinions are contained in the expert witness s written report Therefore, the content of the expert s report should contain all of his opinions and the bases for the opinions In addition, once the expert s report is disclosed to the other side, any changes to the report must be disclosed before the commencement of trial.

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46 27. Encode Quick Response Code In .NET Using Barcode .Pursuant to Rule 26, once the expert s written report required by Rule 26 has been disclosed, the opposing side has the right to take the deposition of any person who has been identi ed as an expert whose opinions may be presented at trial The accountant who is engaged as an expert witness in a matter to be tried in a federal court should ascertain the current status of Rule 26 in the applicable federal district and discuss compliance with Rule 26 with the counsel retaining him It is important to point out that the Federal Rules of Civil Procedure give local ourts the option of not complying with certain provisions, including the provisions of Rule 26 discussed above The accountant should consult with the retaining attorney to ascertain whether the case is to be tried in federal or local court and the local rules that apply to the case. Barcode Maker In VS .NET Using Barcode encoder for .Related: Create QR Code VB.NET , Print QR Code ASP.NET Image, QR Code Generator .NET Data

INDEX in .NET framework Encode Quick Response Code in .NET ramework INDEX.Forensic accounting/litigation consulting (Continued) bankruptcy, 466(a)(vii) breach of contract, 466(a)(i) business interruption, 466(a)(ii) contractual purchase liability, 467(a)(xi) employment litigation, 466(a)(ix) intellectual property, 466(a)(iii) lender liability, 466(a)(viii) practitioners liability, 466(a)(x) Securities Act violations, 466(a)(vi) white color crime/fraud, 466(a)(v) case types, 466 civil suit stages, 462(b) pleadings, 462(b)(i) pretrial discovery, 462(b)(ii) settlement, 462(b)(iv) trial, 462(b)(iii) damage calculation, 467 general concepts, 467(a) income taxes, 467(f) interest on awards, 467(d) measuring, 467(b) mitigation, 467(c) present value/in ation, 467(e) federal rules of evidence, 465 effect of Daubert v Merrell Dow Pharmaceuticals, 465(b) Rule 702, 465(a) Rule of Civil Procedure 26, 465 ) introduction, 461 as liability, 253(j)(vii) nonbusiness cases, 466(b) marital dissolution, 466(b)(i) partnership dissolution, 466(b)(ii) personal injury, 466(b)(iii) professional standards relevant to litigation consulting, 464 AICPA Code of Professional Conduct, 464(a) AICPA Consulting Services Practice Aids, 464(c) Statement on Standards for Consulting Services, 464(b) proofs required, 462(d) causation, 462(d)(ii) damages, 462(d)(iii) liability, 462(d)(i) support for opinions, 466 documentation, 466(c) engagement letters, 466(d). Code In Visual Studio .NET Using Barcode scanner for .Related: Print QR Code VB.NET Image, Print QR Code Excel Image, Create QR Code .NET

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