-158- experts. The Court also filed on December 5, 2000, a supplement by respondent to his proposed questions. After the conclusion of the testimony by all other witnesses, including the parties’ experts, Duffie and Sziklay were each furnished with the complete trial record up to that point, and they each submitted a written report. Thereafter, petitioner submitted a joint rebuttal report on behalf of Smithson and Sullivan, and later, after that report was excluded from evidence, separate rebuttal reports on behalf of each expert. Respondent submitted to the Court the separate rebuttal reports of O’Brien and Parsons. The Court-appointed experts then submitted their rebuttal reports. The trial was resumed, at which time the parties cross-examined the Court-appointed experts and presented the rebuttal testimony of their own experts. Respondent challenged the admissibility of Sullivan’s rebuttal report. Respondent asserted that the report was inadmissible because it was tainted in its preparation by the significant participation of petitioner’s counsel. By order dated January 15, 2003, we excluded Sullivan’s rebuttal report from evidence. We noted that Sullivan has never explained to our satisfaction that the words, analysis, and opinions in that report were his own work. We ruled that petitioner, as the proponent of the expert testimony, failed to establish the report’s admissibility by a “preponderance of proof.” SeePage: Previous 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 Next
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