Expert Witness Report Template
The structure of an expert witness report is a particularly important consideration in the drafting of any report. However, there is rarely “one size fits all” type of report.
There will be various differences depending on factors such as:
1. The jurisdiction (be it a State Court or Federal Court, or perhaps even an Arbitration)
2. The level/seniority of the court.
3. The type of proceedings.
4. The relevant expert rules, code of conduct and requirements applicable to that report.
While in all circumstances, the substantive content of the report will differ, there are some common themes and considerations all experts should note when structuring their report. These can include:
1. The use of headings,
2. The use of numbered paragraphs,
3. Page numbering,
4. Annexures, and
5. Summaries and conclusion where appropriate.
To assist experts in their preparation of expert reports, we have provided the following sample, precedent expert report completely free of charge. The report is available in both “pdf” and editable “Word” format. Please feel free to use this as a template or guide when preparing your expert reports. However, you must be aware of the limitations in this template report.
This report is provided simply as an example or a guide to help you plan and structure your report in a logical way. It is not the only way to prepare a report and it also may not be the most appropriate format for your report. This will depend on many factors, such as:
1. The court in which the report will be used,
2. Whether you are a joint expert or not;
3. The substantive content of your report;
4. The relevant code of conduct and court rules applicable in the proceedings.
If you have any specific questions in respect to the drafting of the substantive content of your report, we recommend you speak to your instructing solicitor. Also remember that in providing this report we have not (and indeed cannot) consider the specific legal situation you are in. This report should in no way be considered as legal advice – it is provided for general training and educational purposes only.
Nonetheless, please feel free to download this report as a sample or example template for any further reports which you may draft.
Tips and Discussion
We discuss Loquitur’s free template expert witness report precedent document. We discuss the report structure and content and provide drafting tips and suggestions for all experts when drafting their reports more generally.
The template report, and this structuring and drafting tips video, are for Australian based expert witnesses across all Australian jurisdictions, but will still be very beneficial to all expert witnesses, especially those in other common law jurisdictions.
If you would like further information on how to draft expert reports, we recommend reviewing our “Top Tips” for expert report drafting.
To access the sample template report:
To see how our training can potentially assist you or your colleagues in the preparation of expert reports,
or indeed any other aspects of the expert witness process, please contact us.
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