Court Testimony, Reports, and Client Communication
What the exam tests
This domain tests how investigative work is presented: written reports, client updates, and courtroom testimony. The examiner looks for objective reporting, proper foundations, and the difference between lay observation and expert opinion.
Core rules
- Reports: Write in chronological order with date, time, location, persons, actions, and evidence. Use plain, factual language. Keep original notes and do not destroy them after typing a report. Corrections should be documented, not concealed.
- Client communication: Set expectations about scope, cost, timeline, and limits. Do not guarantee outcomes. Provide timely updates and distinguish confirmed facts from unverified information.
- Testimony: Testify to what you saw, heard, said, and did. Avoid conclusions such as “the subject was guilty.” Lay opinion is limited under Pa.R.E. 701; expert opinion requires qualification under Pa.R.E. 702. Use notes to refresh memory under Pa.R.E. 612, but bring the underlying notes if required.
- Foundations: Authenticate photographs, video, and documents under Pa.R.E. 901. Establish chain of custody where relevant. For business records, use the Pa.R.E. 803(6) foundation.
- Demeanor: Answer only the question asked, do not guess, and do not argue with opposing counsel. If you do not remember, say so.
Worked example
In a surveillance case, the report should read: “At 14:05, I observed the subject exit 123 Main Street, carrying a brown box. The subject placed the box in the trunk of a blue sedan bearing Pennsylvania tag ABC-1234 and drove north on Main Street.” It should not read: “The subject was acting suspiciously and probably transporting stolen goods.” On the stand, the investigator testifies to the observation and can identify the vehicle, but leaves the inference to the fact-finder.
Traps that cost marks
- Destroying original notes after preparing a report.
- Testifying to hearsay or conclusions instead of observations.
- Offering expert opinions without qualification.
- Overpromising results to a client.