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Case 1:20-cr-00330-PAE Document507_ Filed 11/24/21 Page 16 of 28 C. Any Undisclosed Significance of Dr. Hall’s Opinions Is Inadmissible In addition to testifying about As discussed above, to the extent his | | report discloses the significance of his opinions, for purposes of this case they have none, because nothing in the report concerns the elements of or defenses to the charged offenses, or Minor Victim-4’s ability to testify accurately. (See supra at 5 to 11). And to the extent Dr. Hall would testify about any undisclosed significance to his opinions, the failure to disclose that testimony itself renders it inadmissible. The party proposing to call an expert must provide “‘a written summary of any testimony that the defendant intends to use.” Fed. R. Crim. P. 16(b)(1)(C). The Rule requires that the expert disclose what his testimony will be, not just the topics about which he will testify. See United States v. Valle, No. 12 Cr. 847 (PGG), 2013 WL 440687, at *5 (S.D.N.Y. Feb. 2, 2013) (“Merely 14 DOJ-OGR-00008057

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Filename DOJ-OGR-00008057.jpg
File Size 495.8 KB
OCR Confidence 94.0%
Has Readable Text Yes
Text Length 1,039 characters
Indexed 2026-02-03 17:30:51.987613