Expert Witness Reports Explained: What the Experts do to Write Effective Ones

Writing expert witness reports can be an arduous process. You’re required to summarize an enormous body of documentation, research and knowledge into a concise, digestible format. It can be challenging to keep everything in mind while also remaining impartial and objective.

In this article, we’ll cover some key things you'll need to know about writing one for any case. This guide will focus specifically on the structure, format, and content of one. We’ll also discuss what to include and what to leave out, as well as potential pitfalls to avoid.

Keep reading to learn more about the different types of experts, what format to use, and the most important factors to consider when writing your own.

What Are Expert Reports?

They are a written account of the expert witness testimony and analysis during a trial or deposition. Each one generally summarizes the witness’s testimony in a case, evaluates the evidence and renders an opinion on the case at hand.

The expert witness report is composed from the perspective of an unbiased third-party who has been given a mandate by the court to provide their professional opinion in order for it to be used as evidence. They are regarded as an expert in their respective field. It can take on many different forms, depending on what it’s being requested for: whether there are any rules surrounding its structure and format; if so, they will dictate how much detail should go into each section or subheading. The length of time that would have gone into developing such a document varies significantly depending on complexity but generally takes at least 3 days with 2 hours per day of research and writing.

They're often written by attorneys on behalf of their clients. But any party can file one, not just corporations and businesses. Anyone who hires an expert witness can ask the court for permission to use it as evidence.

What is an Expert Witness Report Used For?

In general, the party seeking to introduce it is trying to show that the matter at hand is related to an area of expertise. This can apply to many things: politics, science, sports, and more.

The party that controls the witness’s knowledge and expertise is trying to show that they have the right to introduce it as evidence.

Aboard commercial airplanes, for instance, pilots are considered experts in the field of aviation. They would therefore be able to give an expert opinion on matters such as aviation safety, the suitability of equipment, and the like.

Different Types of Expert Witness Reports

There are different types of expert testimony, each with different uses and requirements. Let’s take a look at some of the more common types of reports.

Engineering Report: The engineering report is used when a party is trying to show that certain aspects of a dispute or issue are related to the expertise of an engineer.

It will generally outline the relevant facts and make a comparison between those facts and relevant engineering principles.

Here are some examples of what this type may cover:

Accuracy of Existing Conditions or Structures

Effect of Different Causes of Damage

Malfunction or Defect of Equipment

Safety or Feasibility of New Construction

Physical or Mathematical Analysis: This type of report is used when a party is trying to show that a specific piece of knowledge is based on specific facts.

The report will often list the facts and then draw conclusions based on those facts.

Some examples of physical or mathematical analysis include:

Statistical Analysis: This type of report is used when a party is trying to show that a specific piece of knowledge is more likely than not to have occurred due to a specific set of circumstances.

The report will often list the facts and then perform a calculation or analysis to show that the facts are more likely than not to have led to the specific conclusion.

Some examples of statistical analysis include:

How to Write It

When it comes to writing an expert witness report, there is no one prescribed format. The following are some general guidelines, however, for how to execute one properly.

Before we get into writing, here are a few things you need to keep in mind.

The party seeking to use the report needs to file the request first.

The court will then decide whether or not to allow the report to be used as evidence.

The report should be based on facts and information that is reliable and properly cited.

The report should be impartial and objective and avoid expressing an opinion unless the court asks you to do so.

Finally, the report should be concise and organized.

Expert Witness Format

Like most written documents, expert witness reports should follow a specific format. This section explains the most important parts of an expert report, including length, paragraphing, and citations.

Start with a descriptive title:

The section headers should be bolded and followed by a colon.

The first body of text should be at least two double-spaced paragraphs.

Each paragraph should begin with a relevant topic sentence.

Each paragraph should contain enough information to support the facts and draw the intended conclusions.

Use proper spelling, grammar and punctuation.

Cite your sources using Scholar.

Include a table of contents if the report is longer than 10 pages.

Key Expert Factors to Consider When Writing

As with any written work, the key to delivering as an expert is organization. Here are a few things to keep in mind as you write your report.

Keep Your Report Concise: Remember that your goal is to show the court the relevant facts and make the appropriate conclusions based on those facts. Keep your report concise and to the point.

Keep Your Report focused on the facts: Avoid arguments, character attacks, and inflammatory language. Keep your report focused on the facts and what you observed.

Use Properly Cited Sources: All information found in your report should be properly cited. Always use the author, page number, and title of the source.

Keep Your Report organized: Arrangement is key when it comes to writing an expert witness report. Keep your report organized by creating a file with a table of contents, a detailed outline, or both.

Who are Expert Witnesses?

Bottom line

A witness is a person who testifies in court as an eyewitness to a fact.

The person witnessing the fact is called the affiant.

The affiant then submits an affidavit to the court outlining the facts they observed and the affiant’s opinion on those facts.

The affidavit then becomes part of public record and can be used as evidence in subsequent proceedings.

Get the Training from the Experts

Keep in mind that these are not just for courtrooms. You can also use these reports in your business meetings as a way of backing up your decisions and decisions-making process. You can also use these reports to defend your decisions.

The more you know about this process, the more effective you’ll be. So, if you want to make the best use of these reports, make sure you keep reading.