The expert report

The format of an Expert Report is as varied as the law firms that engage Expert Witnesses who are required to produce Expert Reports. The litigation team will set the parameters for the content of the Expert Report; a jointly produced table of contents helps to avoid misunderstandings.

The Report must be the unbiased work product of the Expert alone. Under no circumstances should an Expert permit the litigation team to write the report or determine the Expert’s opinions. The judge will determine the admissibility of and the weight to be given to any Expert Report.

Expert Reports range from the very brief, a few pages, to extensive analysis involving substantial written work.

The litigation may require more than one Expert Report, each of which must be defended by the Expert Witness in deposition.

There is no obligatory format. Most Expert Reports, however, contain the following information:

  1. Curriculum Vita, biographical summary or written qualifications of the Expert Witness.
  2. Purpose for the Expert Report.
  3. List of documents reviewed with respect to the subject-matter of the Report.
  4. Analysis by the Expert within a stated research methodology or testing methodology in the case of the examination of physical products or software.
  5. Observations or opinion of the Expert with regard to the issues relevant to the Report as they relate to the Expert’s analysis.
  6. Conclusions drawn by the Expert after review of the aforementioned documents, observations and opinion.
  7. Exhibits, attachments and any relevant documentation that supports the Expert’s opinion.
  8. An Expert Report expresses the opinions of the Expert; its form and content will often differ from ordinary scientific or engineering reports.
  9. The Expert Report must apply in an objective and consistent manner a theory and/or methodology to the facts of a particular case.