In contrast, under Rule 16(a)(1)(G) of the Federal Rules of Criminal Procedure, an expert is not required to draft and disclose a report prior to testifying. In light of the Rule 26 disclosures, nearly any written communication between the expert and attorney may be discoverable, and as such, nothing should be committed to writing before thoroughly reviewing the communication. The report must contain “all opinions the witness will express and the basis and reasons for them.” Rule 26(a)(2)(B) also mandates disclosure of facts or data considered by the expert, any exhibits the expert intends to use, the expert’s qualifications, a list of other cases in which the expert testified, and a statement regarding compensation. Under Rule 26 of the Federal Rules of Civil Procedure, expert witnesses must disclose a written report previewing the expert’s proposed testimony to the opposing party. In federal courts (and state courts that have adopted such rules), the procedure for disclosing an expert differs in civil and criminal proceedings. It is important to always be mindful of the rules surrounding expert disclosures, as it can affect case preparation, trial strategy, and even attorney-expert communications. However, criminal cases have their own particular set of rules – some de jure and some de facto – that make the admission of an expert’s testimony different from its civil counterparts. The list of potential experts in a criminal case, like civil litigation, can go on and on, especially as certain scientific fields develop and advance. Law enforcement experts who can testify to the structure and inner workings of criminal organizations are often utilized as well. Likewise, psychologists and criminologists that testify to a defendant’s mental state can often make or break a conviction. Experts specializing in DNA evidence, fingerprints, hair follicle analysis, and other areas of forensic identification have become part and parcel when trying violent crimes. Over the years, expert witnesses have become as ubiquitous at criminal trials as the judge and the jury.

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