Expert witness brief preparation
A strong expert report depends on a disciplined brief. This checklist walks through the standard preparation steps so the expert's evidence is admissible and persuasive.
This is a 12-step checklist for preparing an expert witness brief in AU proceedings. It covers selection, letter of instruction, materials, code of conduct and conclave.
The checklist
Identify the expert issue
Define precisely what expert evidence is needed and the discipline required.
Select the expert
Confirm qualifications, experience, independence, conflicts and availability for hearing.
Provide the expert code of conduct
Provide the expert with the applicable code and obtain an acknowledgement in the report.
Draft the letter of instruction
Set out the facts assumed, the questions asked and the materials provided. Keep it neutral.
Provide the source materials
Provide primary documents only — not advocacy summaries. Keep the list closed.
Confirm the format of the report
Identify issues, assumptions, reasoning, opinion and any limits — standard expert report format.
Receive and review draft
Review the draft for compliance with the code and identify any factual errors. Do not suggest conclusions.
Check independence markers
Confirm the report contains independence declaration, reasoning and identifies assumptions.
Serve the report in time
Serve in accordance with the court timetable. Late service risks exclusion.
Attend a conclave if directed
Prepare the expert for a joint conclave and joint report. Do not coach on conclusions.
Brief for hearing
Prepare the expert for cross-examination — familiarise with the report, assumptions and the hot-tub process.
Confirm invoicing and costs
Agree the fee basis, hourly rate and estimated hearing attendance cost at the outset.
When this checklist applies
Use this checklist every time you brief an expert witness. The letter of instruction and materials set the quality of the report.
Common pitfalls
- Briefing the expert with advocacy materials
- Failing to provide the code of conduct
- Letting the expert draft without a clear question
- Serving the report late without leave
- Not preparing the expert for cross-examination
Run this checklist on a real matter
Quillio drafts letters of instruction, expert briefs and conclave agendas in current AU format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for single joint experts, medical experts and forensic accountants.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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