Del. M&A Ruling Shows Pragmatic View On Expert Reports

Law360 (February 1, 2021, 5:20 PM EST) -- On Oct. 2, 2020, Vice Chancellor Joseph R. Slights III of the Delaware Chancery Court issued a ruling on a "rare" hearsay objection regarding the admission of expert reports to the trial record in In re: Comtech/Gilat Merger Litigation.[1]

In the Delaware Rules of Evidence, hearsay is defined as "a statement that the declarant does not make while testifying at the current trial or hearing, and a party offers in evidence to prove the truth of the matter asserted."

Vice Chancellor Slights noted that typically reports of testifying experts are admitted in the Delaware Chancery Court, so the case law surrounding...

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