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Rule 26 requires that the expert s report contain:
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A complete statement of the opinion to be expressed and the bases and reasons therefore The data or other information the witness considered in forming the opinions Any exhibits to be used as a summary of or as support for the opinions quali cations of the witness, including a list of publications the witness authored within the
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preceding 10 years
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The compensation to be paid to the witness for the study and testimony A list of all other cases in which the witness has testi ed as an expert at trial or in deposition
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within the preceding four years
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Signature of the expert
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Pursuant to Rule 26, once the expert s written report required by Rule 26 has been disclosed, the opposing side has the right to take the deposition of any person who has been identi ed as an expert whose opinions may be presented at trial The accountant who is engaged as an expert witness in a matter to be tried in a federal court should ascertain the current status of Rule 26 in the applicable federal district and discuss compliance with Rule 26 with the counsel retaining him It is important to point out that the Federal Rules of Civil Procedure give local courts the option of not complying with certain provisions, including the provisions of Rule 26 discussed above The accountant should consult with the retaining attorney to ascertain whether the case is to be tried in federal or local court and the local rules that apply to the case
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4610 SOURCES AND SUGGESTED REFERENCES
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American Institute of Certi ed Public Accountants, Code of Professional Conduct AICPA, New York, 1988 , Statement on Standards for Consulting Services (SSCS) No 1, Consulting Services: De nitions and Standards AICPA, New York, 1986 , Auditing Standards Board, Statement on Standards for Accountants Services on Prospective Financial Information, Financial Forecasts and Projections AICPA, New York, 1985 , Auditing Standards Board, Statement on Auditing Standards No 99 Consideration of Fraud in an Audit of Financial Statements, AICPA, New York, 2001 , Application of AICPA Professional Standards in the Performance of Litigation Services AICPA Special Report 93 1, nd , Con icts of Interest in Litigation Services Engagements AICPA Consulting Services Special Report 932, nd , Comparing Attest and Consulting Services: A Guide for the Practitioner AICPA Consulting Services Special Report 93 3, nd , Providing Litigation Services AICPA Consulting Services Practice Aid 93 4, nd , Communicating Understandings in Litigation Services AICPA Consulting Services Practice Aid 95 2, nd , Communicating in Litigation Services: Reports, AICPA Consulting Services Practice Aid 96 3, nd , Codi cation of Statement on Standards for Attestation Engagements, AICPA, New York, 2003 Black, Henry C, Black s Law Dictionary, Fifth Edition West Publishing, St Paul, MN, 1979 Crain, Michael A, Goldwasser, Dan L, and Harry, Everett P, Liability: Expert Witness In Jeopardy Journal of Accountancy, Vol 42 AICPA, December 1994 de Silva, Harindra, Lo, Nancy N, and Nells, Tara N, Securities Act Violations: Estimation of Damages, In Litigation Services Handbook: The Role of the Accountant as Expert, ed Roman L Weil, Michael J Wagner, and Peter B Frank, John Wiley & Sons, New York, 1995 Dunn, Robert L, Recovery of Damages for Lost Pro ts, Fourth Edition, Lawpress, Tiburon, CA, 1992
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FORENSIC ACCOUNTING AND LITIGATION CONSULTING SERVICES
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Dykeman, Francis C, Forensic Accounting: The Accountant as Expert Witness John Wiley & Sons, New York, 1982 Federal Rules of Evidence: 703 Federal Rules of Civil Procedure: 26, 30, 33, 34, 36, 45 Frank, Peter B, and Wagner, Michael J, Computing Lost pro ts and Reasonable Royalties, AIPLA Quarterly Journal, Vol 15, No 4 AIPLA, Arlington, VA 1987, pp 391 425 Kabe, Elo R, and Blonder, Brian L, Discounting Concepts and Damages, In Litigation Services Handbook: The Role of the Accountant as Expert, 1996 Supplement ed Roman L Weil, Michael J Wagner, and Peter B Frank, John Wiley & Sons, New York, 1996 Kinrich, Jeffrey H, Cost Estimation, Litigation Services Handbook: The Role of the Accountant as Expert ed Roman L Weil, Michael J Wagner, and Peter B Frank, John Wiley & Sons, New York, 1995 Knapp, Charles L, Commercial Damages Matthew Bender, New York, 1986 Kraft, Melvin D, Using Experts in Civil Cases Practicing Law Institute, New York, 1977 Newton, Grant W, Bankruptcy and Insolvency Accounting, Fifth Edition John Wiley & Sons, New York, 1994 Public Company Accounting Oversight Board An Audit of Internal Control Over Financial Reporting Performed in Conjunction With an Audit of Financial Statements Auditing Standard No 2 PCAOB, Washington, DC 2004 , References in Auditor s Reports to the Standards of the Public Company Accounting Oversight Board Auditing Standard No1 PCAOB, Washington, DC 2003 Sims, Raymond S, and Haller, Mark W, Lost pro ts: Covering All the Bases in the But For World, Inside Litigation, Vol 2, No 4 Prentice-Hall Law & Business, New York, February 1988 United States Congress, The Sarbanes-Oxley Act of 2002, (HR 3763) 2002 Wagner, Michael J, and Frank, Peter B, Litigation Services: Management Advisory Services Technical Consulting Practice Aid No 7 AICPA, New York, 1986 Weil, Roman L, Wagner, Michael J, and Frank, Peter B, eds, Litigation Services Handbook: The Role of the Accountant as Expert, Second Edition John Wiley & Sons, New York, 1995
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