---
title: "Compare a draft expert report to Rule 702 and Rule 26(a)(2)"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-expert-brief-and-review-the-draft-report-for-scope/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-T1-R10-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare a draft expert report to Rule 702 and Rule 26(a)(2)

> Check the draft the expert wrote against the contents Rule 26(a)(2)(B) lists and against Rule 702(a) through (d). Write no opinion and no sentence of the report.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-expert-brief-and-review-the-draft-report-for-scope/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Check the draft the expert wrote against the contents Rule 26(a)(2)(B) lists and against Rule 702(a) through (d). Write no opinion and no sentence of the report. |
| What the lawyer must review | A witness retained to give expert testimony must provide a written report prepared and signed by the witness, containing a complete statement of all opinions and the basis for them, the facts or data considered, the exhibits, qualifications including publications in the previous 10 years, other cases in which the witness testified as an expert in the previous 4 years, and the compensation (Rule 26(a)(2)(B)). Rule 702 requires the proponent to show it is more likely than not that the testimony will help the trier of fact, is based on sufficient facts or data, is the product of reliable principles and methods, and reflects a reliable application of those principles to the facts. Draft reports are protected by Rule 26(b)(4)(B). The lawyer does not put the draft into a public tool. |
| Written for | United States |
| Applies to | [Draft the expert brief and review the draft report for scope](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-the-expert-brief-and-review-the-draft-report-for-scope.md) |

## Checking plan

- What the AI does: Check the draft the expert wrote against the contents Rule 26(a)(2)(B) lists and against Rule 702(a) through (d). Write no opinion and no sentence of the report.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The report is prepared and signed by the witness, not by the lawyer and not by a tool.
- Communications with a reporting expert are protected except for compensation, facts or data the lawyer provided, and assumptions the expert relied on. Read Rule 26(b)(4)(C) before producing them.
- A witness who is not required to provide a written report has the shorter disclosure in Rule 26(a)(2)(C).

## Sources

- [Federal Rule of Civil Procedure 26(a)(2) and 26(b)(4) (expert disclosures and protection of drafts)](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)
- [Federal Rule of Evidence 702 (testimony by expert witnesses)](https://www.law.cornell.edu/rules/fre/rule_702) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*