- 10 - failure to comply with the provisions of this paragraph, unless the failure is shown to be due to good cause and unless the failure does not unduly prejudice the opposing party, such as by significantly impairing the opposing party’s ability to cross-examine the expert witness * * *. Petitioner has not shown that the failure of Ms. Marsh’s report to include the facts, data, and analysis that underlie her opinion is due to good cause. Moreover, we believe that permitting direct testimony in addition to that submitted in the report would have unduly prejudiced respondent’s ability to cross-examine Ms. Marsh. We accordingly sustain respondent’s objection. Petitioner’s expert’s direct testimony is restricted to the material contained in the expert report. In rebuttal to Ms. Marsh’s report, respondent presented the report and testimony of James M. Davidson, an employee of the IRS who is also a certified document examiner. Mr. Davidson works at respondent’s National Forensic Laboratory in Chicago. He is a member of the American Society of Questioned Document Examiners and has been certified by the American Board of Forensic Document Examiners. Mr. Davidson compared the signature on the consent to 26 known exemplars of petitioner’s signature. Mr. Davidson determined that the exemplars fell into three groups: 13 were quickly written abbreviated last names; 10 were formally written with distinct letter definition, and three were shortened, quickly written signatures. Mr. Davidson found exemplars in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011