KW Economics prepares economic damages reports and testimony for civil matters in the United States District Court for the District of South Dakota (D.S.D.), a federal trial court in the Eighth Circuit covering South Dakota. The economist's method does not change with the venue; what changes is the form and timing of the written disclosure, and the report is built to meet it.
A retained economist's written report in federal court sets out every opinion and the basis for it, lists the records and data considered, attaches the exhibits that support the figures, and states the economist's qualifications, publications, prior testimony, and compensation. The court decides reliability challenges before trial, so the report states its earnings base, growth rate, worklife horizon, and discount rate with sources so that each input can be examined on the papers.
Expert disclosures are exchanged on the schedule the court's scheduling order sets, with rebuttal reports on a shorter clock, so the retention date decides whether the economist has the tax returns, pay records, and the other experts' opinions in hand before the report is due. A deposition of the economist follows the report and tests it line by line, which is why the report is written to stand on its own.
In a diversity matter the court applies South Dakota substantive law to the measure of damages, while the admissibility of the economist's testimony is decided under the federal rules of evidence.
South Dakota provides a wrongful death action for the pecuniary injury to the surviving spouse, children, or next of kin, which the courts read to include loss of companionship and society, alongside a survival action for the estate. The state's unusual comparative negligence rule allows recovery only when the plaintiff's negligence was slight in comparison with the defendant's, the common-law collateral source rule applies, and prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses.
A complete statement of every opinion and the basis for it, the facts and data considered, the exhibits that support the figures, the economist's qualifications and publications, a list of prior testimony, and the compensation arrangement, in the form federal practice requires of a retained expert. KW Economics writes every report to that standard whatever the venue, so the same document serves in the D.S.D. and in the South Dakota courts.
Yes. Engagements are accepted in every federal district, including the District of South Dakota. The economist prepares the report to the disclosure deadline in the scheduling order, sits for deposition, and testifies at trial where the case requires it, for plaintiff or defense counsel.
The economic method is the same. Federal practice fixes the content of the written disclosure and the timing of the expert exchange, and reliability challenges are decided by the court before trial, so the report states every assumption and its source in a form that can be examined on the papers. In a diversity matter the measure of damages still follows South Dakota law.
Request a consultation on matters in the D.S.D. or call (201) 343-0700. Plaintiff and defense counsel.