Sans Declaration, Expert is Disqualified By Federal Court
In this Nevada case, a lender sued for a deficiency judgment having foreclosed on a trust deed. The defendant (homeowner) countersued.
On the last day of discovery, Defendant/Counterclaimant disclosed “Rebuttal Witnesses” Kent Vollmer, a real estate appraiser, and Dr. Charles Jackson, MD. However, he failed to comply with the provisions of Fed. R. Civ. P. 26, in that he did not disclose any written report or a summary of the facts and opinions to which either witness was expected to testify. This failure, said the court, causes great prejudice to Plaintiff, who had no opportunity to take the depositions of the proposed rebuttal experts, and has no means by which to prepare for their testimony, or to prepare witnesses for their testimony. Read more..
