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Preparing an Expert Report for Court in Business Litigaton
A well-crafted expert witness report lays the groundwork for persuasive expert testimony. It turns raw data into clear opinions. How is a report drafted that withstands scrutiny and supports your case? Lets talk about it.
Why a Strong Report Matters
• Serves as the litigation expert’s roadmap at trial
• Provides a clear record for opposing counsel and the court
• Reduces surprises during depositions and hearings
Key Components of a Litigation Expert Report
- Scope of Engagement
Defines questions the expert will address
Sets boundaries on topics and data reviewed - Qualifications Summary
Highlights relevant education, licenses and experience
Emphasizes prior cases or publications in similar matters - Facts and Assumptions
Lists documents, data sources and case inputs
States any assumptions or limitations in the analysis - Methodology
Describes techniques or models used (industry standards only)
Explains why each method is appropriate - Opinions and Analysis
Presents conclusions in numbered sections
Supports each opinion with charts, tables or exhibits - Exhibit List
Includes all graphs, spreadsheets and reference materials
Report Preparation Process
-
Kickoff Meeting
• Review case facts and set report objectives
• Agree on key dates and deliverables -
Document Collection
• Gather contracts, financial statements, appraisals and communications
• Confirm completeness before analysis -
Data Analysis
• Apply accepted methods to interpret numbers or standards
• Compare findings to legal benchmarks -
Drafting
• Write each section in plain language
• Embed exhibits close to related text -
Peer Review
• Have a colleague check methods and clarity
• Verify citations and exhibit labels -
Client Review
• Share draft for feedback on scope and tone
• Revise analyses and correct any errors -
Finalization
• Format report for court filing (PDF or printed)
• Assemble a clean exhibit binder
Document Checklist
| Item | Purpose |
|---|---|
| Engagement letter | Confirms scope, fees and deadlines |
| Expert’s CV or résumé | Establishes credentials and experience |
| Case-related contracts | Basis for opinion on breach, valuation or liability |
| Financial records | Foundation for damage calculations |
| Industry guidelines or standards | Supports choice of methodology |
| Communications (emails, memos) | Context for expert assumptions |
Best Practices
• Write in short, direct sentences.
• Number headings and subheadings for easy reference.
• Cite only recognized authorities and standards.
• Use consistent formatting for all exhibits.
• Keep technical jargon to a minimum.
Common Mistakes to Avoid
• Introducing opinions not supported by data
• Omitting key assumptions or limitations
• Failing to link exhibits with corresponding text
• Using untested or novel methods without precedent
• Waiting until the last minute to draft or review
Frequently Asked Questions
| Question | Answer |
|---|---|
| When should I start report preparation? | As soon as you have case facts and documents in hand. |
| Can the litigation expert revise the report later? | Yes—if deadlines allow, updates improve accuracy. |
| How long should the report be? | Length varies; focus on clarity, not page count. |
| Do exhibits go in the body or appendix? | Embed key charts in the body; place supporting data in an appendix. |
Next Steps
For full details on expert-witness services—including depositions and testimony—visit our Expert Witness Services for Business Litigation pillar page. When you’re ready to begin, contact Michael J. Feinstein at 954-767-9662.
