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If the defense retains an expert witness who generates a report, upon receiving the report the prosecutor should carefully review it with the state's analyst/expert witness. The prosecutor should have the analyst attend any defense expert deposition relating to the case.
Some considerations for the prosecutor include:
- What are the defense expert witness qualifications/reputation?
- Potential weaknesses in the report and areas for the prosecutor to attack
- Potential strengths of the report and how to counter them
- Is there anything in the report which would exclude the defendant?
- If anything in the defense independent report is different from the state's, the prosecution should obtain the defense raw data.
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