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Common Mistakes in Expert Witness Reports

What are the common mistakes that can make a report less effective and, at worst, inadmissible in court? This article examines some typical issues that arise when lawyers engage experts, and how to avoid them.

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The Problem with ‘Ultimate Issue’ Questions

When preparing a letter of instruction for an expert witness, it is recommended that legal practitioners abstain from directly asking experts ‘ultimate issue’ legal questions. This is due to the risk that the expert witness’s answer will be deemed as being beyond their expert knowledge and be inadmissible, by virtue of not falling under the Expert Exception Rule in Section 79 of the Evidence Act.

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