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Expert Witness Declaration

Expert Witness Declaration Template for United States

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Key Requirements PROMPT example:

Expert Witness Declaration

"I need an Expert Witness Declaration for a medical malpractice case scheduled for March 2025, focusing on standard of care analysis and including detailed laboratory test results from my examination of the patient's tissue samples."

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Document background
An Expert Witness Declaration is a crucial document in U.S. legal proceedings where specialized knowledge is required to assist the trier of fact. This document is typically used during litigation when technical, scientific, or professional expertise is needed to explain complex matters or provide informed opinions. The declaration must meet the standards set by the Daubert criteria or state-specific requirements and includes detailed information about the expert's qualifications, methodology, and conclusions. It serves as sworn testimony and can be used in various contexts, from patent disputes to medical malpractice cases, making it essential for both federal and state court proceedings.
Suggested Sections

1. Introduction and Identification: Expert's name, credentials, and case identification

2. Qualifications: Detailed professional background, education, certifications, and expertise

3. Scope of Assignment: Clear statement of the issues or questions addressed

4. Materials Reviewed: List of documents, evidence, and materials examined

5. Methodology: Description of methods, procedures, and analyses used

6. Opinions and Conclusions: Detailed expert opinions and supporting rationale

7. Declaration Under Penalty of Perjury: Formal declaration of truth and accuracy under applicable federal and state laws

Optional Sections

1. Site Inspections: Details of any physical inspections conducted when physical examination of locations or items was performed

2. Tests Performed: Description of specific tests or experiments when laboratory or field testing was conducted

3. Prior Testimony: List of related cases where expert has testified when required by court or relevant to credibility

Suggested Schedules

1. Curriculum Vitae: Detailed professional background document including education, experience, publications, and certifications

2. Supporting Documents: Relevant research papers, studies, or reference materials relied upon

3. Test Results: Raw data and detailed test results from any analyses performed

4. Photographs or Diagrams: Visual evidence supporting opinions and conclusions

5. Fee Schedule: Expert's compensation rates and terms for services rendered

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Federal Rules of Evidence - Rule 702: Governs testimony by expert witnesses, establishing qualifications, reliability, and helpfulness to the trier of fact requirements

Federal Rules of Evidence - Rule 703: Outlines acceptable bases for expert opinion testimony, including facts or data reasonably relied upon by experts in the field

Federal Rules of Evidence - Rule 704: Addresses expert opinions on ultimate issues in a case, allowing such testimony with certain limitations

Federal Rules of Evidence - Rule 705: Details requirements for disclosing underlying facts or data supporting expert opinions

Federal Rules of Civil Procedure - Rule 26(a)(2): Mandates disclosure requirements for expert testimony, including written reports and qualifications

Federal Rules of Civil Procedure - Rule 26(b)(4): Establishes rules for discovery related to expert witnesses, including depositions and communications

Daubert Standard: Legal precedent establishing criteria for admitting expert testimony: scientific validity, testability, peer review, error rates, and general acceptance

State-Specific Evidence Rules: Individual state variations on evidence rules that may affect expert witness testimony requirements

Professional Licensing Requirements: Specific qualifications and licensing needed for expert witnesses in their respective fields

Kumho Tire Co. v. Carmichael (1999): Supreme Court case extending Daubert standard to all expert testimony, not just scientific evidence

General Electric Co. v. Joiner (1997): Supreme Court case establishing abuse of discretion as the standard for reviewing court decisions on expert testimony

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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