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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
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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 |