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(b) Dr. Duffie and Mr. Sziklay may
communicate freely with each other.
Additionally, they may communicate ex parte
with the Court about administrative,
procedural or scheduling matters. Each
expert may identify an assistant with whom
the parties may communicate about
administrative matters, such as contracting
and payment for expert services. The Court’s
experts may not engage directly or indirectly
in any ex parte communications with any other
persons, including, but not limited to, the
parties to this matter, their counsel, the
parties’ experts, or any association (or
members thereof) who joined in filing the
amici brief in this matter with respect to
the issues in this case.
3.0 That the Court’s experts shall provide the Court
and shall serve upon counsel for each party their
expert reports in accordance with a schedule
established by the Court.
4.0 That upon request by the Court or any party,
within 15 days after service of the expert reports, the
Court’s experts shall make available for inspection and
copying, to the extent necessary, any materials relied
upon in preparing the reports that are not part of the
record or readily available.
5.0 That except by leave of Court, the Court’s experts
shall not be subject to discovery. However, consistent
with the Court’s Rules of Practice and Procedure,
either party is at liberty to utilize limited discovery
by way of written interrogatories to be served on the
expert for the sole purpose of ascertaining any
possible bias of the appointed experts.
6.0 That each party may submit rebuttal expert
reports, which shall be filed with the Court, served on
opposing counsel and provided to the Court’s experts.
7.0 That the reports of the Court’s experts will serve
as their direct testimony at trial. In the order of
Petitioner and then Respondent, the parties will have
the opportunity to cross-examine the Court’s experts.
The parties, in the same order of proceeding, will
thereafter have the opportunity to present any
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