Expert Rebuttal and Report Review Process

By KW Economics Editorial Team · Updated

A rebuttal engagement moves through 5 steps, from the conflict check to testimony. Each step ends in something counsel can review, and the typical timeline shows how long each phase runs.

Engagement process

  1. Retention and conflict check: We confirm conflicts, identify the reports and experts under review and the form of work product counsel needs, establish the retainer, and set the deadline.
  2. Records and data request: We obtain the opposing report with its schedules, workpapers, and data, the expert's deposition if taken, and the underlying case records the report relies on.
  3. Analysis and review: We test each assumption and source, check the arithmetic and internal consistency, compare the method to accepted practice, and recalculate the model under corrected inputs to show the effect of each error.
  4. Draft findings and counsel review: We deliver findings ranked by their effect on the conclusion, with proposed cross-examination areas, and review them with counsel to decide what is disclosed and what remains consulting work.
  5. Rebuttal report and testimony support: We issue a rebuttal report where one is disclosed and provide deposition and trial testimony, cross-examination outlines, and support for motions directed at the opinion.

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References

Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.