Judd Robbins

The Importance of Writing an Expert Witness Report



Posted: Saturday, November 06, 2010

by Judd Robbins
Presentation Dynamics

Your expert, or main, report is a formal report whose content and structure is addressed in Rule 26 of the Federal rules of Civil Procedure. This Rule defines the general provisions of the law regarding discovery and disclosure of facts in a lawsuit. In section (a)(2)(B), the Rule goes over in detail the disclosures that an expert witness has to make in a written report, prepared and signed by you, the expert witness. It says:

"the report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefore; the data or other information considered by the witness in forming the opinions: any exhibits to be used as a summary of or support for the opinions: the qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years: the compensation to be paid for the analyse and testimony: and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years."

When you finish your report, sign and date it, and list any peer reviewers who reviewed your findings and report.

The report has to be yours. You have to think out what you want to say, and what sections you want to create in it. After you write your report your attorney may ask to read or review it before you submit it formally. A simple review that uncovers errors in grammar, punctuation, or spelling is not a problem. However, substantive changes such as the suggestion that you add extra text or entire sections to the report can be a problem.

If the opposing attorneys and the court learn that your attorney influenced any substantial subject matter of your report, the court has the right and the responsibility to reject all or part of your report.

In this instance, the attorney may seem solicitous or casual, or may simply suggest 'minor' changes in wording or subject matter. Deciding what constitutes a 'minor change' is up to you. In the end, the expert report has to contain your wording and your opinions. You have to stand behind every word; you cannot honestly accept changes in major content.

The job of coming to an opinion is yours. At most, the attorney may help you with minor phraseology in expressing your opinions.
Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. He has testified in State and Federal courts and has been featured as a testifying computer forensics expert on MSNBC, Court TV, and Tech TV. His cases range widely from intellectual property infringement to murder. He has been a best-selling author of more than 30 training and computer books and has created more than 25 training DVDs and videos. In 2010, his book "Expert Witness Training" was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at www.juddrobbins.com

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