Thursday, June 24, 2004

10th Circuit Reverses Sanction Excluding Rebuttal Report

The Tenth Circuit has held that a district court abused its discretion when it: (a) granted an extension for one party to file expert disclosures; (b) neglected to adjust the date for the opposing party's rebuttal reports; and (c) later struck the rebuttal disclosures as untimely, even though the unadjusted deadline for them called for their submission prior to the reports they were to rebut. See 103 Investors I, L.P. v. Square D Co., No. 02-3345 (10th Cir. June 23, 2004) (Ebel, McKay, & Lucero, JJ.).

posted by pn at 11:38 AM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.