As a lawyer navigating discovery disputes, you know that securing the information you need can be a complex, time-consuming process—especially when opposing parties resist. One effective way to bolster your motion to compel discovery is by using financial expert affidavits.
Expert opinions not only add weight to your arguments but also provide clarity, credibility, and a compelling reason for the court to rule in your favor. In my experience as a business valuation expert, I have seen firsthand how the strategic use of affidavits from financial experts has helped attorneys strengthen their cases and gain access to critical information.
Here are six ways a financial expert can strengthen a motion to compel discovery:
1. Expertise Adds Weight.
When you need to compel discovery, having an expert’s affidavit alongside your motion immediately lends it authority. A financial expert can break down complex data systems and explain to the court how discovery requests can be fulfilled without placing an undue burden on the producing party.
For example, in one case where the opposing side claimed that providing financial records was too costly and time-consuming, I drafted an affidavit explaining how their accounting software could easily generate the requested reports at minimal expense. The judge ruled in our favor, and the documents were produced without delay.
2. Clarifying Technicalities.
Courtrooms are not typically filled with accountants or technical experts, so legal teams may struggle to explain complex financial or technical matters in a way that resonates with a judge. An expert affidavit can break down these complexities into clear, digestible terms.
In another case, an attorney I worked with needed to explain why specific financial reports were crucial for proving their client’s claim of personal expenses being recorded as business expenses. My affidavit provided a step-by-step breakdown of how those records would directly tie to the alleged depression of business profit and hence value. This made the importance of the documents unmistakable to the court.
3. Establishing Relevance.
An expert affidavit is also instrumental in demonstrating the direct relevance of requested documents to the case at hand. Many discovery requests get bogged down in arguments over relevance, scope or materiality, but an expert can connect the dots.
For instance, I once worked with an attorney on a complex shareholder dispute where one party refused to release specific financial statements. My affidavit tied those statements directly to the valuation dispute at the core of the case, and highlighted their importance and relevance. With this clearer understanding of how the records were tied to key issues, the judge granted the motion to compel.
4. Addressing Privilege and Confidentiality Concerns.
An affidavit from a financial expert can help alleviate concerns about privilege and the potential exposure of trade secrets and other confidential information. The expert can explain how data may be redacted or anonymized without undermining the integrity of the discovery process—thus signaling to the court that discovery can proceed while addressing legitimate privacy and privilege concerns. In some cases, I have been able to reassure the opposing party and the court by including in my affidavit a willingness to sign confidentiality or non-disclosure documents.
5. Providing Additional Foundation for the Motion.
An expert affidavit serves as an additional foundation upon which the motion to compel discovery is built. It adds another layer of professionalism and expertise that strengthens the argument presented to the court. The expert’s credentials, experience, and detailed explanation of the necessity of the requested discovery contribute to a compelling case for granting the motion.
6. Enhancing Persuasiveness.
Ultimately, the inclusion of an expert affidavit enhances the persuasiveness of a motion to compel discovery. Courts are more likely to be swayed by well-supported, credible arguments backed by expert testimony. The expert affidavit serves as a persuasive tool that can tip the scales in favor of granting the motion to compel, thereby advancing the discovery process.
Strengthen Your Motions with Expert Affidavits
Using expert affidavits in support of motions to compel discovery is a strategic approach that can have a significant impact on the outcome of legal proceedings. By harnessing the expertise and credibility of qualified professionals, litigators can more effectively navigate the complexities of discovery disputes, ensuring a fair and thorough production of the relevant information needed for their case.
Consider making expert affidavits a regular part of your discovery strategy. They have proven invaluable for many of the attorneys I have worked with, and they can make a difference in your cases, too.
To learn more, visit our Discovery Assistance practice page, or contact us for a consultation.