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Getting records ready for an expert witness

Experts bill by the hour. A clean, indexed file with the key records flagged lets them spend that time on opinions, not on sorting.

Legal support4 min readCorvane Ashmoor & Co.

Medical, engineering, accounting and other experts all start the same way: by reading the file. How the file is organized affects how long that takes, and what it costs.

What to send

  • A short cover memo from counsel: the case, the questions for the expert and the deadline.
  • An index of everything enclosed, with Bates ranges.
  • The records themselves, in searchable PDF, bookmarked by source.
  • A chronology or summary, if one exists, cited to the records.
  • Depositions and exhibits the expert should review.

Keep a record of what was sent

Log every set of materials sent to each expert, with the date and the Bates ranges. Questions about what an expert reviewed come up often, and the log answers them.

Supplements

When new records arrive, send them as a numbered supplement with its own index rather than replacing the original set.

Litigation support is performed at the direction of a licensed attorney. What is provided to an expert is counsel's decision.

This article is general information, not legal, tax or regulatory advice. Rules change; confirm current requirements with the responsible agency or a licensed professional.

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