Filing E-Filed AM JEFFREY EPSTEIN Plaintiff/Counter-Defendant SCOTT ROTHSTEIN individually and BRADLEY EDWARDS individually Defendants/Counter-Plaintiff IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA Case No PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEINS RENEWED MOTION FOR LEAVE TO DISCLOSE EXPERT WITNESS Plaintiff/Counter-Defendant Jeffrey Epstein Epstein respectfully renews his request to be allowed to disclose an expert witness and states INTRODUCTION This case is currently not set for trial and therefore Counter-Plaintiff Bradley Edwards Edwards will not be prejudiced by Epsteins renewed request to disclose his expert witness to opine on matters of legal ethics and responsibility probable cause and Edwards professional reputation BACKGROUND Pursuant to this Courts July Order Specially Setting Jury Trial D.E the disclosure of experts retained to formulate an expert opinion was due days prior to trial At that time trial was set on December making the deadline October FILED PALM BEACH COUNTY FL SHARON BOCK CLERK AM Epsteins current trial counsel were retained after this deadline and on November in light of the uncertainty of what issues would be tried and the numerous outstanding evidentiary issues moved for a continuance of the trial and to extend the pre-trial deadlines including an extension of expert disclosures D.E On November the Court granted the continuance request and continued the special set trial to March The Courts Order however did not address Epsteins request for an extension of the pre-trial deadlines D.E If that request were granted the new deadline for expert disclosures would have been January Counsel went before the Court on November to clarify the Courts ruling The Court granted Edwards Motion to reconfirm the existing pre-trial deadlines because of his concern over additional discovery The Court noted however that it would permit additional limited discovery upon further motion On November December and December the parties participated in extensive special set hearings wherein the Court made rulings relating to the issues and evidence to be presented at trial Although the Court did not reach all of the issues in light of the rulings made during those hearings Epstein believed he needed to retain an expert to testify about legal ethics and responsibility probable cause and Mr Edwards professional reputation Epstein retained Culver Smith I for this purpose and disclosed him on December On December Epstein also filed his initial Motion for Leave to Disclose Expert Witness D.E The Motion was heard on January but denied because the Court found the request untimely not because of any undue prejudice to Edwards On January Epstein served his Updated Answers to Expert Interrogatories which expounded upon the opinions Mr Smith would testify about The March trial was postponed in light of the appellate proceedings To date the trial has not been reset ARGUMENT Edwards was not prejudiced by Epsteins initial request and he again will not be prejudiced At most Edwards may desire to take Mr Smiths deposition as Epstein did of Edwards expert witness in December Astutely this Court recognized at the March hearing striking an expert witness is a drastic measure A request to strike a witness is a drastic and extreme measure reserved only in rare circumstances especially where here were dealing with an expert which is otherwise qualified to testify to what hes going to testify Aft Tr Indeed as indicated in Binger King Pest Control So 2d Fla the exclusion of an unlisted witness testimony is a drastic remedy which should pertain in only the most compelling circumstances Binger further indicates that when the opposing party is not prejudiced by the late disclosure and compelling circumstances are not otherwise shown the witness should generally be allowed to testify Walters Keebler Co So 2d Fla 1st DCA Here there is no question that Mr Smith is qualified to testify Further due to Edwards bifurcation of his Counterclaim and ensuing appeal there is sufficient time before Edwards Counterclaim is reset for trial for Edwards to take the witnes deposition Epstein will not object to opening discovery for that limited purpose Significantly Edwards can claim no surprise because he has known since December the opinions of which Mr Smith will testify Because there is no showing nor can there be any genuine assertion of prejudice or Edwards first disclosed his experts name on October but did not disclose the subject matter of his testimony until October after the disclosure deadline The Court other compelling circumstances excluding Mr Smith would be a drastic measure and this Court should allow him to testify See Walters So 2d at CONCLUSION Accordingly Epstein respectfully requests that the Court grant this renewed Motion and allow his disclosure of Mr Smith as an expert witness CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to the attorneys listed on the Service List below on April through the Courts e-filing portal pursuant to Florida Rule of Judicial Administration LINK ROCKENBACH PA Palm Beach Lakes Boulevard Suite West Palm Beach Florida fax By Isl Scott Link Scott Link FBN Kara Berard Rockenbach FBN Rachel Glasser FBN Primary Scott linkrocklaw.com Primary Kara linkrocklaw.com Primary Rachel linkrocklaw.com Secondary Tina linkrocklaw.com Secondary Troy linkrocklaw.com Trial Counsel for Plaintiff/Counter-Defendant Jeffrey Epstein however denied Epsteins request to strike Edwards expert Epstein disclosed his expert a mere two months after Edwards experts report was disclosed SERVICE LIST Jack Scarola Karen Terry David Vitale Jr Searcy Denny Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach FL mep searcylaw.com jsx searcylaw.com dvitale searcylaw.com scarolateam searcylaw.com terryteam searcylaw.com Co-Counsel for Defendant/Counter-Plaintiff Bradley Edwards Bradley Edwards Edwards Pottinger LLC Andrews A venue Suite Fort Lauderdale FL brad epllc.com Co-Counsel for Defendant/Counter-Plaintiff Bradley Edwards Jack A Goldberger Atterbury Goldberger Weiss P.A Australian Avenue Suite West Palm Beach FL goldberger agwpa.com smahoney agwpa.com Co-Counsel for Plaintiff/Counter-Defendant Jeffrey Epstein Philip Burlington Nichole Segal Burlington Rockenbach P.A Courthouse Commons Suite West Railroad A venue West Palm Beach FL pmb FLAppellateLaw.com njs FLAppellateLaw.com kbt FLAppellateLaw.com Co-Counsel for Defendant/Counter-Plaintiff Bradley Edwards Marc Nurik Law Offices of Marc Nurik One Broward Boulevard Suite Ft Lauderdale FL marc nuriklaw.com Counsel for Defendant Scott Rothstein Paul Cassell University Salt Lake City UT cassellp law.utah.edu Limited Intervenor Co-Counsel for L.M E.W and Jane Doe Jay Howell Jay Howell Associates Cesery Blvd Suite Jacksonville FL jayhowell.com Limited Intervenor Co-Counsel for L.M E.W and Jane Doe A A 4A E0 A4 DE a qr?q rq qrCX HhL 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