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Chapter 14 Report Writing for High-Tech Investigations

Chapter 14 Report Writing for High-Tech Investigations. Include in Written Report (as per FRCP) Expert opinions Basis for the opinions Information considered in coming to opinions Related exhibits Expert witness’ Curriculum Vitae. Deposition Banks

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Chapter 14 Report Writing for High-Tech Investigations

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  1. Chapter 14Report Writing for High-TechInvestigations

  2. Include in Written Report (as per FRCP) • Expert opinions • Basis for the opinions • Information considered in coming to opinions • Related exhibits • Expert witness’ Curriculum Vitae

  3. Deposition Banks • Store examples of an expert witness’ testimony • Used by attorneys on either side to discover contrary positions that an expert witness may have made in the past

  4. Examination Plan Examination Plan – lets an expert witness know what questions to expect during testimony Include: • Example questions that an attorney may ask • Definitions of forensic terms and functions • Substantive information the attorney may have omitted DON’T Include: • Answers to questions • Anything that could be construed as “coaching” by your attorney

  5. Avoiding Preliminary Reports • Any written statement created during an examination is subject to Discovery • Discovery allows one party to force the other parties to produce requested documents or other physical evidence • Opposing council could demand copies of your preliminary reports as part of Discovery process • Any discrepancies between the Preliminary Reports and the Final Copies could be used to discredit the expert witness

  6. Spoliation Spoliation is destroying or concealing evidence Destroying a draft or preliminary version of a report could be considered Spoliation and could subject the attorney or expert witness to evidentiary sanctions

  7. Structure of an Investigation Report • Abstract • Table of contents • Body of report • Conclusion • References • Glossary • Acknowledgements • Appendices

  8. Suggestions for Remaining Objective

  9. Using FTK & ProDiscover to Generate Reports

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