I thought this on reading the guidance for presenting a claim in the Small Claims Court of Nova Scotia. I was researching material to do with a case at the time. You can read the simple guidance at www.legalinfo.org
Experts could do worse than visit this site for more guidance on carrying out a forensic investigation, analysing the results, forming an opinion on cause and presenting their findings in an unbiased, objective expert report. This is particularly the case when it comes to writing the expert’s report – which has been found wanting. (Ref. 1)
The guidance at this web site states that you need evidence to support a claim. Evidence is anything that helps prove a fact important to your case.
Eureka! How is this any different than the evidence needed to help prove the facts supporting your opinion on the cause of a personal injury or a failure in the built environment?
Also quite important in the guide is the note that when you testify in court you’re telling your story.
Keep the forensic story, like the testimony in court, evidence-based, jargon-free and simple:
- Tell ’em what you’re going to tell ’em
- Tell ’em – with a beginning, a middle, and an end
- Tell ’em what you told ’em
It’s nice how simple guidance on preparing a claim for Small Claims Court can help us carry out well substantiated forensic investigations and write evidence-based expert reports. Realizing guidance is needed (Refs 1, 2 and 3) and that there’s detailed handbooks out there (like Ref. 4) should be enough. The Court’s guide is more of a reminder – a gentle rain rather than a down pour.
References
- Is there an argument for a peer review of a peer review? Posted January 11, 2020
- Ridding peer review of potential bias. Posted December 30, 2019
- What good are civil procedure rules governing experts? Posted January 30,2020
- Mangraviti, Jr., James J., Babitsky, Steven and Donovan, Nadine Nasser, How to Write an Expert Witness Report, 2nd ed, 2014, 560 pg, SEAK, Inc., Falmouth MA, USA