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🎓 Perdura IP Litigation Series

Expert Witness Briefing

A Checklist for Briefing Digital Evidence Experts

The quality of expert evidence is determined by the quality of the briefing.

  • Define the scope of instructions — authentication, methodology, rebuttal, explanation
  • Provide all evidence materials — originals, hashes, timestamps, collection logs
  • Verify qualifications and independence — credentials, conflicts, prior testimony
  • Brief on jurisdiction-specific requirements — FRE 702, Part 35, ZPO
  • Prepare for cross-examination — limitations, opposing lines of attack
  • Comply with expert report disclosure requirements — Rule 26, Part 35 form
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FRE 702
US Daubert standard
Under Daubert, expert methodology must be scientifically valid and reliably applied to the facts of the case. Methodology that cannot withstand challenge under FRE 702 will be excluded.
Pt 35
UK CPR requirement
UK Part 35 CPR requires experts to acknowledge their overriding duty to the court — not to the instructing party. Single joint expert appointments are common in IP proceedings.
Rule 26
US disclosure requirement
FRCP Rule 26(a)(2) requires complete disclosure of expert opinions, their basis, supporting data, exhibits, qualifications, prior testimony, and compensation.
Key Principle
Experts cannot add scope after their report is filed in most jurisdictions. The scope of instructions must be defined precisely before the expert begins work — not expanded when gaps are identified in the draft report.
What's Inside

6 steps for expert briefing.

I Define the Scope of Instructions — authentication, methodology, rebuttal, explanation
II Provide All Evidence Materials — originals, hashes, timestamps, collection logs
III Verify Qualifications and Independence — credentials, conflicts, prior testimony
IV Brief on Jurisdiction-Specific Requirements — FRE 702, Part 35, ZPO
V Prepare for Cross-Examination — limitations, opposing lines of attack
VI Comply with Expert Report Disclosure Requirements — Rule 26, Part 35 form