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  • Expert Witness

    Let me first say I do appreciate the help I have recevied from this fourm.I live in Nova Scotia and I find this fourm very usefull thank you.

    Opposing counsel has filed an expert witness report dealing with finical matters.
    What resources are available to me to research and respond to this report and whether or not this person should be allowed to be an expert, or if in fact he should be allowed to be a witness at all.
    This person sat in on a meeting held at opposing councel’s office to try and find a settlement. There was no settlement and therefore no Settlement agreement. I might point out that the other side thinks that an agreement had resulted and a Draft Minutes of Settlement was sent to the lawyer acting for me at the time. I did not agree to it, I did not sing it. I now represent myself and I have been to court four times and will be returning to court again in April for what I think will be the final court sessions (4 days set aside).

    Thank you
    dvr

  • #2
    dvr,

    Opposing counsel has filed an expert witness report dealing with finical matters.
    What resources are available to me to research and respond to this report and whether or not this person should be allowed to be an expert, or if in fact he should be allowed to be a witness at all.
    Generally their credentials, suggest that they may have the capacity to be an expert. However, any expert report can be subject to cross examination and additionally if you introduced your own expert report that contradicts the previous.

    I might point out that the other side thinks that an agreement had resulted and a Draft Minutes of Settlement was sent to the lawyer acting for me at the time. I did not agree to it, I did not sing it. I now represent myself and I have been to court four times and will be returning to court again in April for what I think will be the final court sessions
    Well to me if you did not sign the settlement it is not in force and you could make the appropriate changes to the draft agreement and forward to the other party for consideration. This puts the ball in their court or continue with litigation, make a compromising or another reasonable offer. Its always best to keep communication open and flowing.



    lv

    Comment


    • #3
      LV Thank you

      LV this is a letter I sent back in November and still have no reply. I sent another letter asking if opposing councel had any inttention of replying, still no response. What do you think is the best course of action.

      dvr
      NS



      November 15, 2006


      __________Law Office
      __________ Street
      _________NS

      RE: EXPERT WITNESS REPORT

      Dear Ms __________
      I have been in contact with an accounting firm to review the expert witness report of ___________
      I am requesting the following items:

      1. Computerized General Leger for the period January 1, 2005 to October 10 2005 maintained using the Simply Accounting program (including the computer that was removed by _________X Wifefrom _________Company that contains this information)

      2. All Bank Statements and deposit books that form the bases of Mr _________ report.

      3. Any and all correspondence Mr. ________ received or reviewed from any and all sources that form the bases of his report.

      4. Any and all other material including but not limited to e mails, letters, memos, working papers, draft reports, computer disks, opinions, other reports, reviews and studies that form the bases of his report.

      An error must have occurred while copying or printing Mr _______Curriculum Vitae, which makes it unreadable. I therefore ask that a readable copy be reproduced and copied to the court and myself.

      Yours truly,

      _______________
      Cc Mr Expert
      Cc Supreme Court Family Division

      Comment


      • #4
        dvr,

        It appears reasonable to me. Collateral evidence is required to validate entries in the expert report. Once you have same you could take to a CA or equivalent and have an audit conducted.

        In my own occupation, we endure audits all the time. Independent outside auditors come in and we have to produce documentation to demonstrate that we are in compliance with a certain level of certification. We basically have to have a paper trail trace to a certified source.

        An error must have occurred while copying or printing Mr _______Curriculum Vitae, which makes it unreadable. I therefore ask that a readable copy be reproduced and copied to the court and myself.
        That is a reasonable request.

        Bottom line is that if they bring action, you may have to seek an adjournment until you get the requested information. I suspect you would most likely obtain same as the expert must of had same information on hand to conduct their report. Why should this information be privy to one party in the matter.

        The court may also question their lack of co-operation on the disclosure of the information. I generally infer people have something to hide when not open with pertinent information to support facts.

        If it was me I would also write up an additional follow-up letter sent by registered mail confirming that they haven't got back to you in the previous two letters IE: 2-3 weeks is reasonable amount of elapsed time

        As an example:
        Further to my letters of Feb XX, 2007 and March xx, 2007, I have yet to receive a response or the requested disclosure of the specified material.




        Three letters sent suggests that they are avoiding the issue. Out of courtesy, they could send a response letter outlining their intents or position on the release of same.


        lv
        Last edited by logicalvelocity; 03-08-2007, 03:36 PM.

        Comment

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