---
title: "Note whether an expert report used a generative tool, for the lawyer"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-expert-report-leave-application-where-gen-ai-will-be-used/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-B6-2-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Note whether an expert report used a generative tool, for the lawyer

> From the lawyer's instructions, record whether a generative tool was used, what it was asked, and who reviewed the output. Do not write a motion for leave and do not draft the expert's opinions or the report.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-expert-report-leave-application-where-gen-ai-will-be-used/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 | From the lawyer's instructions, record whether a generative tool was used, what it was asked, and who reviewed the output. Do not write a motion for leave and do not draft the expert's opinions or the report. |
| What the lawyer must review | Federal Rule of Civil Procedure 26(a)(2)(B) requires a written report, prepared and signed by the witness, when the witness is retained or specially employed to provide expert testimony or is an employee whose duties regularly involve giving expert testimony, unless the court orders or the parties stipulate otherwise. The report must contain a complete statement of the opinions and the basis for them, the facts or data considered, and the other items the rule lists. Federal Rule of Evidence 702 admits the testimony only if the proponent shows it is more likely than not that the four conditions in the rule are met. The Federal Rules text opened for this task does not require leave of court to use a generative tool in preparing that report. A judge's standing order may. ABA Formal Opinion 512 (29 July 2024) requires the lawyer to understand the tool and to check its output. The lawyer decides whether a motion is needed and writes any motion. The witness prepares and signs the report. |
| Written for | United States |
| Applies to | [Prepare an expert-report leave application where Gen AI will be used](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-expert-report-leave-application-where-gen-ai-will-be-used.md) |

## Checking plan

- What the AI does: From the lawyer's instructions, record whether a generative tool was used, what it was asked, and who reviewed the output. Do not write a motion for leave and do not draft the expert's opinions or the report.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not treat silence in the Federal Rules as permission. The lawyer reads the assigned judge's standing orders.
- The note is not the expert's report and it is not a motion.

## Sources

- [Federal Rule of Civil Procedure 26(a)(2) (disclosure of expert testimony)](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)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [NSW SC Gen 23 affidavit and expert AI statements](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/nsw-sc-gen-23-sworn-disclosure.md) | Checklist | Red | The non-use disclosure Practice Note SC Gen 23 requires in an affidavit, witness statement or character reference, and the leave and disclosure steps for an expert report.… |

Signed-in accounts can read the full text of each one.

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