rebuttal witness

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A rebuttal witness is a witness who is called to rebut testimony already presented at trial. In Wireless Agents, LLC v. Sony, a U.S. district court in Texas stated that, in determining whether an expert witness is offering rebuttal, and was therefore a rebuttal witness, “the court asks whether he is purporting to contradict or rebut expert opinions offered by [the opposing party] as to a claim or defense as to which [the opposing party] will have the burden of proof at trial; whether his evidence is disclosed as rebuttal evidence on the same subject matter as that identified by [the opposing party] in its Rule 26(a)(2)(B) disclosure; and whether the evidence disclosed as rebuttal evidence is intended solely to contradict or rebut that evidence.” Under Federal Rules of Civil Procedure Rule 26(a)(2)(B), a party must disclose in advance whether evidence is meant to serve as rebuttal evidence.

[Last updated in December of 2020 by the Wex Definitions Team]