Prepare questions for an expert and a note for any conference the court has ordered
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Turn the topics the lawyer lists into draft questions, and list the documents the lawyer says the expert has been given. Do not draft the expert's opinions and do not write the report.
- What the lawyer must review
- Federal Rule of Civil Procedure 26(a)(2)(A) requires a party to disclose the identity of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705. If the witness is retained or specially employed to provide expert testimony, or is an employee whose duties regularly involve giving expert testimony, Rule 26(a)(2)(B) requires a written report prepared and signed by the witness, unless otherwise stipulated or ordered. The report must contain a complete statement of all opinions and the basis and reasons for them, the facts or data considered, exhibits that will be used to summarize or support them, qualifications including publications from the previous 10 years, a list of other cases in which the witness testified as an expert at trial or by deposition during the previous 4 years, and a statement of the compensation to be paid. A witness who is not required to provide that report is disclosed under Rule 26(a)(2)(C) by subject matter and a summary of the facts and opinions. Absent a stipulation or a court order, the disclosures are due at least 90 days before the date set for trial, or within 30 days after the other party's disclosure if the evidence is solely to contradict or rebut evidence on the same subject matter. Federal Rule of Evidence 702 admits expert opinion only if the proponent demonstrates that it is more likely than not that the testimony meets the four conditions in the rule, including that it is based on sufficient facts or data and is the product of reliable principles and methods reliably applied. The Federal Rules text opened here does not require a conference of experts. If a court order or an agreement requires one, the lawyer uses that order. The tool does not decide that testimony will be admitted.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.