Ripple did not back down from rejecting the SEC's very contentious evidence to be presented in court during the legal battle.

Function of Fox in the Case

Veteran defence attorney James K. Filan revealed that Ripple responded to the SEC's April 29, 2024, opposition with a letter in support of its April 22, 2024, request to strike additional expert materials.

Additionally, according to Ripple, since Fox was an expert witness, the SEC ought to have introduced her declaration during the discovery period.

Claims ripple Fox's accounting expertise surpasses basic maths, making him an expert witness. Fox served as an untrained summarizer of financial facts, according to the SEC.

Citing instances like SEC v. Treadway and United States v. Blakstad, the SEC said that Fox, a summary witness, did not provide expert testimony or opinions in the report. The SEC says the report simplified Ripple’s audited financial record for Judge Analisa Torres using elementary math.

A Clash of Time and Declaration

According to Ripple, the SEC delayed identifying Fox as an expert witness. Ripple says that missing information hampers accurate cross-examination and trial fairness. Ripple cites cases where judges dismissed identical declarations for improper disclosure.

They claim that misclassifying and disclosing expert testimony misleads the court and opposing parties. In previous cases, the SEC claims that contextual circumstances allowed summary testimony without expert disclosures.

The courts may rule on the motion to strike at any moment. However, the SEC must submit its remedy-related reply brief by May 6. The remedy-related reply brief will address Ripple’s objection to the SEC’s opening brief seeking punitive damages and an injunction.

Additionally, the court will rule on whether to ban Ripple from selling XRP to institutional investors. The court ruling may affect Ripple’s US expansion.

Potential Impact

This case’s outcome could significantly impact other similar cases. If Ripple successfully strikes Fox’s declaration, it may limit the SEC’s ability to argue for specific penalties.

Conversely, upholding the declaration would strengthen the SEC’s case against Ripple. Thus, the resolution holds significant implications for both parties.

Diverse Reactions to the Motion in the Community

Attorney Jeremy Hogan makes an unusual admission: he believes the SEC will probably prevail in a court proceeding.

Hogan thinks Ripple will be permitted to depose the witness rather than strike her testimony, as has been done in the past, even if the court acknowledges her as a "expert."

Similar opinions are held by Bill Morgan, who believes that Ripple will probably lose the motion and that the judge might accept some expert testimony from Andrea Fox.

The judge may yet let Ripple to call her into deposition. Morgan advises delaying decision-making until after the SEC's May 6 answer proposing remedies.