Litigation-Support Report
Definition
A report addressed to a court and signed by a named expert, structured to comply with procedural rules of expert evidence such as US FRE 702, UK CPR Part 35, or equivalent. The expert is liable to be cross-examined on every statement in it.
- Addressed to
- The court
- Signed by
- A named testifying expert
- Example governing rules
- US FRE 702, UK CPR Part 35
- Consequence
- Expert can be cross-examined on every statement in it
Common questions
Why must the report comply with rules like FRE 702 or CPR Part 35?+
These rules set the admissibility and independence standards an expert opinion must meet. A report that does not follow the applicable procedural rule risks having its findings excluded or given reduced weight.
What happens if the expert cannot defend a statement under cross-examination?+
A statement the expert cannot support when questioned undermines their credibility on the whole report, and the court may discount or disregard the opinion that relied on it.
Related terms
- Expert Opinion
- A conclusion that requires the analyst's professional judgment, for example that a series of transactions was designed to circumvent internal controls. It...
- Factual Finding
- A statement supported directly by identified source documents, such as a specific transaction recorded in a ledger, which the report can prove...
- Investigative Report
- A report addressed to a client, board, or regulator, typically prepared under legal professional privilege. It may include recommendations, attorney work product,...
- Scope of Work
- The defined boundary of the engagement: which entities, accounts, periods, and questions the expert examined. Anything outside the scope is not commented...
- Work-Product Doctrine
- A rule protecting materials prepared by or for an attorney in anticipation of litigation. It is broader than attorney-client privilege and covers...