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The document is a Rule 26(a)(2)(B) expert report prepared by William Hodes, an attorney retained as a consultant and testifying expert on professional ethics and legal malpractice for a case pending in federal court. It outlines his qualifications, the basis for his opinions, and the legal predicates assumed regarding the case involving a plaintiff's claim against former lawyers for misconduct. The report emphasizes that his opinions are based on assumed facts and applicable law, with a caveat that they may be revised if new information arises or if factual disputes are resolved differently.

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What are the rules for expert reports in federal court?

Expert witness reports in civil federal court are governed by Federal Rule of Civil Procedure 26(a)(2)(b ). Under this rule, the parties are required to disclose the names of their retained expert witnesses before trial , and to give the opposing party a written report, prepared and signed by the expert witness.

How to write an expert witness report for court?

Avoid Vague, Equivocal, and Uncertain Conclusions and Bases Expert reports should be written with precision and based upon a solid foundation. Expert opinions within expert reports should be expressed to a reasonable degree of certainty unless a different standard is being utilized in the case at hand.

What is an example of an expert witness statement?

As an example, an inspector could testify, that he/she saw numerous insects crawling over the surface of stored-food packages in a warehouse. He/she could not be forced to venture an opinion as to whether the insects constituted a threat to the health of an individual who ate the foods.

Are expert reports admissible in federal court?

Expert reports, like deposition testimony, may be used for any non-hearsay purpose, such as impeaching a witness under Rule 801(d)(1)(A) or rehabilitating a witness under Rule 801(d)(1)(B). However, when offered for their truth, they must be excluded as hearsay.

What is the Rule of expert evidence?

Rule 702 requires the testimony to be based on sufficient facts or data. The expert must base his or her opinion on enough information, observations, tests, experiments, and other data to make them reliable. However, experts do not need personal knowledge.

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What is the Federal Rule 16 expert disclosure?

16(a)(1)(G), if requested by the defense, the government must provide a written summary of any expert testimony the government intends to use at trial. At a minimum, this summary must include the witnesss opinions, the bases and reasons for those opinions, and the experts qualifications.

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