Rebuttal digital forensics report
I carry out a technical review of the other side's expert report to find errors in method, gaps in the chain of custody or conclusions that do not hold up.
Member of AEPEJU (no. 1556). Barcelona and across Spain.
An expert report is not revealed truth
Spanish judges weigh expert reports according to the rules of sound judgement, and there is no hierarchy between one party's expert and the other's. If nobody challenges a report on technical grounds, the court only has that version of the facts.
What I review
- Chain of custody: who obtained the evidence, how, when and with which hashes, and whether it can be verified.
- Method: tools, versions and reproducibility, measured against UNE 71506, ISO/IEC 27037 and RFC 3227.
- Scope: whether the conclusions rest on the data or go beyond it, for example attributing an account to someone only because of its name.
- Technical errors: time zones, misread metadata, false positives from automated tools.
- Language: whether the report strays into legal assessments that belong to the judge.
When it makes sense
- When the opposing report is the main evidence against you.
- When it relies on screenshots, printouts or copies without hashes that allow them to be verified.
- When it attributes a message, a file or an account to someone on weak indications.
- When your side has not been able to examine the original evidence.
Two ways of working
I can issue a review report to be submitted in the proceedings, or advise your lawyer with the technical questions to put to the opposing expert.
The Spanish Civil Procedure Act (LEC) allows questions at trial about the method, premises and conclusions of a report, and its criticism by the other side's expert (article 347.1).
Do not wait until the trial
In civil proceedings, when the need for a report arises from the defence or from the pre-trial hearing, the LEC requires it to be submitted at least five days before the trial (article 338.2). Your lawyer will tell you the exact deadline in your case; my part is to have the report ready in time.
If the report is sound, I will tell you
Before writing anything I do an initial reading. If the opposing report is well made, I tell you frankly: you save a pointless expense and your lawyer can adjust the strategy.
Frequently asked questions
Common questions about this kind of report.
Can you review a police report or one by a court-appointed expert?
Yes. Any technical report on digital evidence can be reviewed, whether it comes from a party, from the expert appointed by the court or from the police.
Do you need access to the original evidence?
Ideally a copy of the evidence, or at least its hashes. If there is only the report, I carry out a documentary review and state that limitation in writing.
How long does it take?
A documentary review usually fits into seven days. If evidence has to be reanalysed, the deadline goes in the quote, which is free and arrives within 24 working hours.
Will you attend the hearing to defend the review?
Yes. Testimony in court, in person or remote, is quoted from day one.
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