FORENSIC SCIENCE · INDEPENDENT EXPERT EVIDENCEAdelaide, Australia
RHEM LabsInstruct an expert

Practice notes

What to clarify before instructing a digital-forensic expert

Define the disputed inference, required opinion, available material and deadline before the examination begins.

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Frame a question that can be examined

“The computer proves my client did this” combines several propositions. Which event is said to have occurred? Which record is relied upon? What connects the record to a person? What is disputed? A useful instruction separates those questions and explains which ones matter to the proceeding.

The expert can help refine the technical question. The instructing legal practitioner retains responsibility for the legal issues and the requirements governing the instruction.

Describe what exists without sending it yet

At the enquiry stage, identify the kinds of material available: an expert report, an extraction, a device image, an export or selected files. Explain whether underlying source material can be made available and whether there are restrictions on access. Do not attach confidential documents to the public enquiry form.

After conflict checking and engagement, agree a secure transfer process and an inventory. Keep the relationship between original material, working copies and rendered reports clear.

Agree the deliverable

Specify whether the immediate need is oral advice, a preliminary assessment, an expert report, supplementary analysis or attendance. Discuss the questions to be answered, assumptions that need testing and what is outside scope. An expert conference or joint report may require separate preparation and scheduling.

A narrowly scoped instruction can be expanded if examination identifies a material issue. Equally, a preliminary review may show that no further technical work is needed.

Give deadlines their practical meaning

Distinguish a hearing date from a report deadline, a conference date or a disclosure milestone. Allow time for obtaining material, resolving access problems and clarifying questions. Stating a deadline does not confirm availability; the engagement should do that explicitly.

A useful enquiry

“I act for a party in a matter involving a disputed file-access inference. We have an extraction report and can request the source acquisition. We need a preliminary assessment before a conference on [date].” This identifies purpose and constraints without disclosing the case through the website.

See the instruction pathway and engagement types.

Put the instruction together

The step-by-step instruction guide turns these considerations into a workflow. Use the Expert Instruction Checklist and Material Transfer Checklist without registration. See Fees & engagement for scoping factors.

Related research & reading

FORENSIC INSTRUCTIONS

A question about digital evidence?

For legal practitioners and professional organisations: discuss the forensic question, available material and timeframes.

Contact the laboratory