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In its analysis, the Board declined to read Federal Rule of Civil Procedure 26(a)(2)(D) as prohibiting surrebuttal reports.
Many courts have ruled that this rule does not contemplate or permit surrebuttal expert disclosures.
Rule for Courts-Martial 1001(d) allows both the government and defense to present evidence in rebuttal and surrebuttal respectively.
Trial practitioners trying to get in the last word via rebuttal or surrebuttal need to first focus on what they are trying to accomplish.
Although it is theoretically possible that this process could repeat ad infinitum, as a realistic matter this does not occur, because of the narrow scope of surrebuttal evidence and the disinclinati of judges to allow parties to submit additional evidence.
hinged in any material way on Ohio's lack of rebuttal evidence or Sealy's surrebuttal proof.
The CAAF recognized the valuable right of an accused to provide an unsworn statement and the right of an accused to provide an additional unsworn statement in surrebuttal circumstances.
There were attacks(160) and counterattacks,(161) followed by rebuttals(162) and surrebuttals.