How do I introduce my expert and 3 opposing counsel responses.

FPG-USA's qualifying expert has been challenged myriad times over his 35 year career and sustained 100% on his credentials and form of evidence. Challenges to undermine both is the first response strategy of any opposing counsel confronted with an expert. Parties claiming expert witness status that haven't been challenged are bogus.


The decision of when and how much evidence to disclose is a litigating strategy. Attorneys may decide to submit all, some or not submit the expert's evidence. Attorneys intent on having our expert recognized typically follow this traditional methods stipulated in the court's Rules of Civil Procedure - Expert Witnesses. That will outline the requirements.

  • A Notice of Filing Affidavit of Richard Kahn.

  • A Notice of Filing Expert Witness Richard Kahn's Report into evidence.

  • A Motion for Judicial Notice of Expert Richard Kahn's Affidavit and Report

  • Motion language is up to the attorney motioning the court.


Examine and undermine the Evidence

Litigators in general follow the same protocol in any type of litigated case. Upon receipt of the written documents they go through them, marking and circling items. ​

In the case of written evidence in any litigation, they will look for anything that can disqualify the report as evidence.

This includes finding items of conjecture, opinions not grounded in facts, citing legal cases, argument without evidence, material misstatements and especially "hearsay" which is reliance on third party. Experts who are expert witnesses are expected to do all the work in a case themselves if they expect to sustain on testimony, cross examination or in deposition. ​


Investigate and undermine the Expert

It's easy for anyone to claim they are an "expert". Little things undermine those claims, such as:

  • no actual expert witness experience "never been challenged"; or

  • advocating "we'll help you find an attorney or "we'll help you draw some legal documents" or "we'll contact your servicer for you"; or

  • false claims of expertise "certified (not disclosing it was a 16 or 24 hour weekend warrior course)"; "I've taught instructor courses (not disclosing it was a newly designated 16 or 24 hour course that endowed them and that's who they taught)".

These things that may actually sound good to borrowers and attorneys desperate for help but can undermine an expert on the witness stand. Opposing counsel is adept at digging very deep, investigating the expert's credentials, company, history, related parties, complaints, credit history, name change or verifications.Deposition interrogation puts things on the record.


Motion the court to dismiss both the evidence and expert

With their homework done, expect Opposing Counsel to vigorously object and present their case (may be done by Motion in Limine) to exclude the evidence and expert. This is basic litigation strategy when experts and evidence are introduced.

The decision in residential foreclosure cases will be entirely up to the Judge who is both Judge and Jury in these cases. We issue a sworn oath affidavit of detailed experience which is typically submitted into the case along with our evidentiary findings report

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