Bank One Corporation - Page 74

                                        -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.”  See                  






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