In Composing the Expert’s Report: Factors for Compliance with Federal Rule 26(a)(2)(B), forensic handwriting expert witness Jacqueline A. Joseph, B.A., CDE, D-BFDE, writes:
Introduction Rule 26 provides guidelines to the discovery process and flow of information between the expert and the client-attorney. In civil lawsuits, the United States district courts’ procedures are governed by the Federal Rules of Civil Procedure (FRCP). Any court may have its own additional requirements regarding report writing and these requirements would be available from the court clerk or your client.
While the rules vary from state to state, at least 35 states have adopted procedural codes based on the Federal Rules, sometimes with slight and time-critical variations. The FRCP applies only to matters being tried in Federal Court.
The FRCP are only mandated for expert witnesses retained to testify. However, you may be required to provide a written report in some cases. The reasons for requiring expert reports include the elimination of unfair surprise to the opposing party, the avoidance of unnecessary deposition, and the reduction of the costs of litigation. Most fundamentally, in some situations you may be barred from testifying if your requested report does not meet the requirements of Rule 26.
Ms. Joseph has practiced as a forensic scientist since 1992,is a re-certified member of NADE, was awarded accredited certification by the Board of Forensic Document Examiners. Read more: https://www.jurispro.com/JacquelineJosephCDE