IT and computer judicial expert

• For general information, see "General Information".

• For information on the types of judicial cases, see "Types of Cases".

• For information about the phases of the computer expert service, see "Phases".

• For information about the expert report (or expert opinion), see "Expert Report".

• For information on ratification of the expert report/opinion, see "Ratification."

• For information on computer expertise, see our "Guide On Computer Expertise".

• For information on Spain and EU basic legislation, see "Laws".

• For multimedia resources, see "Multimedia Resources".

• For information on available CCAA and Provinces, see "Territorial Scope".

• For information about our rates, see "Professional Fee".

• For information on current news related to real cases, see "News" [Spanish].

Judicial Computer Expert's Report (elaboration)

• When a client (or his/her lawyer) hires our computer expert service, at U2 lab™, our main objective is to prepare the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Opinion', as the case may be), based on all the evidence made available to us by the client and/or his/her lawyer.

• The procedure consists of the following phases: identification, acquisition, preservation (custody of evidence), analysis, presentation and defense.

• Initially, we identify the evidence that will be analyzed and proceed to acquire it, ensuring its custody at all times. After this, we proceed to analyze the evidence, using the methodology, procedures and tools most appropriate to each specific case. Once the analysis is completed, we proceed to prepare the 'U2 lab™ Expert Report' (or the 'U2 lab™ Expert Opinion', as the case may be), a structured, complete, and detailed document, expressed in clear and easy-to-understand language, which ends with a series of solid and unequivocal conclusions, as well as the corresponding opinion (in the case of the 'U2 lab™ Expert Opinion').

• Once finished, we proceed to deliver it (or send it via email) to the client (or his/her lawyer) so that they can proceed to contribute it to the judicial procedure.

• The 'U2 lab™ Expert Report' (or 'U2 lab™ Expert Opinion') is a document to which Judges and/or Courts usually assign great evidentiary weight, and can play an essential role in the outcome of a court case.

• The 'U2 lab™ Expert Report' and the 'U2 lab™ Expert Opinion' are two documents with a very similar structure and content, the main difference being that the Expert Opinion includes at the end an "assessment" ("opinion") of the judicial computer expert on the underlying issue, which can help the Judge decide when issuing a sentence, especially in complex cases.

Computer Expert Evidence 

• Computer expert evidence consists of the preparation of an expert report (scientific and technological) that, through forensic analysis, shows evidence to blame or prove the innocence of one of the parties involved in a judicial procedure.

• Its veracity will allow the case being investigated to be brought to an expert (or final) opinion.

• In other words, computer expert evidence reveals data obtained through computer forensic techniques, issued by an expert engineer.

• The computer expert evidence serves to support the evidence of the expert witness, who will be questioned during the hearing or trial, in case of ratification.

Types of Expert Report/Opinion

• The Civil Procedure Law (LEC) contemplates 2 types of computer expert report/opinion from computer experts:

• The computer expert report/opinion issued at the request of a party by experts appointed by the court or tribunal;

• The computer expert report/opinion prepared by experts appointed by the parties extrajudicially;

Difference between an Expert Report and an Expert Opinion

• While the computer expert report focuses on the detailed and exhaustive description of the results of an investigation, the computer expert opinion focuses on issuing a specialized technical opinion on specific aspects of the case.

• When you have the services of an expert, the first thing you must decide is whether you need an expert report or an expert opinion.

• The differences between an expert report and an expert opinion are not many, but they are significant enough to affect the resolution of the process.

• In fact, the computer expert himself/herself can advise you if, in your specific case, one document or another is better.

• In general, the more complex the issue to be discussed, the more interesting it will be to request an opinion and not a report, because it will help the judicial authority to better understand the matter by having the opinion of an expert on the subject.

Expert Report

• An expert report consists of a written and reasoned presentation in which a professional expert in a subject (computer expert) details in a concise manner the observations on the subject that has been the object of his or her study.

• The purpose of the expert report is to help the judicial authority get an idea about matters in which it does not have to be an expert, always using language that is clear and simple, so that it can be understood by those who are not knowledgeable on the subject matter.

• The expert report is a means of proof that requires the intervention of a third party (the expert) who is unrelated to the process and totally independent and objective.

• The expert report is as neutral and objective as the expert opinion, but the difference is that the expert exposes or argues a series of facts without issuing his/her assessment as a professional, which does occur in the opinion.

• That is, in the expert report there is no professional assessment by the computer expert.

Expert Opinion

• An expert opinion consists of a written and reasoned presentation in which a professional expert in a subject (computer expert) details in a concise manner the observations and assessments on the subject that has been the object of his or her study.

• The purpose of the expert opinion is to help the judicial authority get an idea about matters in which it does not have to be an expert, always using language that is clear and simple, so that it can be understood by those who are not knowledgeable on the subject matter. 

• The expert opinion is a means of proof that requires the intervention of a third party (the expert) who is unrelated to the process and totally independent and objective.

• The expert examines the object or person, performs a series of tests or analysis and, based on them, issues his/her expert opinion.

Characteristics of an Expert Report/Opinion 

• It must be objective.

• It has to be precise and concise.

• It avoids absolute and categorical statements, but also avoids inaccuracies or ambiguities, because it tries to be as clear and concise as possible.

• It sticks to what the professional has been asked about.

• The explanation is structured in a logical and easily understandable order.

• It may incorporate complementary material, which can be added if necessary in the form of annexes (documents, audios, images, graphs, photographs, videos, databases, etc.).

Structure of an Expert Report/Opinion 

• Cover: includes the title (subject discussed in the document), petitioner, date of issue, reference number (of the expert report/opinion) and author of the expert report/opinion.

• Author: name, surname, qualification(s), professional association(s), specific training, list of Courts adhered to, contact information and seals.

• Official powers and legitimacy: legal capacity of the expert to carry out the expert report/opinion, based on his/her qualifications, training, etc.

• Declaration of blemishes: absence of conflict of interest between the judicial expert and the parties (both: accusation and defense), no personal interest in the matter (or similar matters), etc.

• Oath or promise: to tell the truth.

• Index: index of contents, including sections and subsections.

• Object: that is, the topic on which the report/opinion deals.

• Scope: that is, the scope or extension covered by the report/opinion.

• Background: facts prior to the examination and the current state of the object or person examined, all presented in a schematic way.

• Preliminary considerations: issues for prior consideration.

• Methodology: description of the methodology used (methods, techniques, tests, tools, etc.).

• Bibliography: list of all useful publications (books, e-books, specialized magazines, websites, blogs, reports, etc.).

• Terminology and abbreviations: glossary, including a definition (and explanation where appropriate) of all specialized terms (scientific, technological, etc.), as well as acronyms.

• Technical analysis: describing the techniques, analysis procedures followed, methods, tools used and tests performed.

• Conclusions: they try to establish a causal relationship between what was observed and the matter that is the object of the process; they must be numbered; each conclusion must be identifiable by a unique identifier (e.g. a number).

• Final conclusion: global conclusion, summary of previous conclusions.

• Opinion: assessment and professional opinion of the expert (in case of expert opinion).

• Final notes: final clarifications.

• Annex/es: all documentation that may be important: documents, images, photographs, audios, videos, reports, etc. This is information that supports the conclusion reached by the expert.

• Place: of issue.

• Date: of issue.

• Signature: of the computer expert (preferably, electronic signature); it is highly recommended that the date of the electronic signature coincides with the date of issue.

• These are the parts that must be included in the expert opinion, but what is not required in our legal system is a specific requirement on the form that this document must have.

Effects of an Expert Report/Opinion 

• If the expert report/opinion meets all legal requirements regarding the characteristics and parts that are required, it will be considered completely valid evidence.

• However, it must be taken into account that the expert's opinion is not binding on the judge.

• The judicial authority will examine the expert report/opinion and decide to what extent the information contained therein is relevant when making its decision.