Check an expert draft for the items a disclosure must contain
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Mark present or absent: opinions, bases, qualifications, a publications list, and a list of other testimony. Do not rewrite the draft and do not say it complies.
- What the lawyer must review
- You decide whether the draft can be used. For a government expert, Rule 16(a)(1)(G)(iii) requires those items: opinions the government will elicit, bases and reasons, qualifications including publications authored in the previous 10 years, and other cases in the previous 4 years in which the witness testified as an expert at trial or by deposition. The government's time comes from an order or a local rule. The defense disclosure provision was not set out here. Formal Opinion 512 applies before the draft goes into a tool. A generated passage is not an opinion of the witness until the witness adopts it.
- 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
- 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.