Expert Witness Readiness Checklist

Know each license's expiration date. List states only on your CV, never license numbers.

Issuing organization, month and year earned, and expiration. Never list a lapsed certification as current.

Many states require recent practice in the same specialty. South Carolina, for example, looks for active practice or teaching in the area for at least 3 of the last 5 years (S.C. Code 15-36-100).

Same setting, patient population and era as the event. The standard of care is judged as of the date of the care.

Exact month and year for every position, unit, hospital size, trauma level, certifications with dates, memberships, presentations and publications.

Retainer, record review, report writing, deposition, trial, travel, expenses, cancellation and payment terms.

Scope, fees, who pays, confidentiality and records return. Have your own attorney review your template.

Every case where you testified at deposition or trial in the previous 4 years. Federal expert reports require it (Fed. R. Civ. P. 26(a)(2)(B)(v)).

Federal expert reports must list all publications from the previous 10 years (Rule 26(a)(2)(B)(iv)).

Keep detailed, contemporaneous time records. Your compensation can be asked about and disclosed.

Parties, facilities, providers, insurers and law firms. Decline or disclose any connection.

You will likely be asked. Answer honestly and keep a record.

Encrypted storage and transfer, no patient information in texts or personal email, and return or destroy records as agreed. HIPAA rules govern how covered entities disclose records in legal proceedings (45 CFR 164.512(e)).

Ask whether your current policy covers consulting and expert work, or what coverage you need.

Some employers limit outside expert work or testifying about their own facility.

LinkedIn, posts, reviews and bios should match your CV and must not contradict your opinions.

Your CV, reports and prior testimony can be compared. Prior inconsistent statements can be used to impeach a witness (Fed. R. Evid. 613).

Opinions with their bases and reasons, the facts and data considered, and exhibits (Rule 26(a)(2)(B)(i) to (iii)).

Review the records, your report and your CV the week before. Practice with a mock deposition if you can.

Guidelines, professional standards and facility policies that applied on the date of the event.