Expert Declaration Supporting/Opposing Summary Judgment

DECLARATION OF [EXPERT NAME]

I, [EXPERT NAME], declare as follows under penalty of perjury under the laws of the United States of America:

I. IDENTITY AND QUALIFICATIONS

1. My name is [EXPERT NAME]. I reside at [Street Address], [City], [State] [Zip Code].

2. I am currently employed as a [OCCUPATION/TITLE] at [EMPLOYER/FIRM NAME].

Education

3. I hold the following educational degrees:

• [Degree Type] in [Field], awarded by [Institution], [Year]
• [Degree Type] in [Field], awarded by [Institution], [Year]
• ☐ [Additional degree], awarded by [Institution], [Year]

Professional Licenses and Certifications

4. I am licensed and/or certified as follows:

• [License/Certification] in [State/Jurisdiction], License No. [________], issued [Date], expires [Date]
• ☐ [Additional license/certification], License No. [________], issued [Date]

Professional Experience

5. I have [__] years of professional experience in [Relevant Field/Discipline]. My relevant experience includes:

• [Year range]: [Position Title] at [Organization], responsible for [brief description of work relevant to case]
• [Year range]: [Position Title] at [Organization], [brief description]
• ☐ [Year range]: [Position Title], [brief description]

Publications and Presentations

6. ☐ I have authored or co-authored the following publications relevant to the issues in this case:

• [Publication Title], [Journal/Publisher], [Year]
• [Publication Title], [Journal/Publisher], [Year]

Prior Expert Testimony

7. During the past four (4) years, I have testified as an expert witness in the following matters:

• [Case Name], [Court/Jurisdiction], [Year], regarding [general subject matter]
• [Case Name], [Court/Jurisdiction], [Year], regarding [general subject matter]
• ☐ [Case Name], [Court/Jurisdiction], [Year], regarding [general subject matter]

☐ I have not testified as an expert during the past four years.

Professional Memberships and Affiliations

8. ☐ I am a member of the following professional organizations:

• [Organization Name], Member since [Year], specializing in [area]
• [Organization Name], Member since [Year]

Curriculum Vitae

9. A complete curriculum vitae detailing my education, training, experience, publications, and prior testimony is attached as Exhibit A and is incorporated herein by reference.

II. RETENTION AND COMPENSATION

10. I was retained to serve as an expert in this matter on [Date] by [Retaining Party: Plaintiff/Defendant] through counsel [Law Firm/Attorney Name].

11. I am compensated for my services at an hourly rate of $[________] per hour for all time spent, including case review, analysis, report preparation, declaration drafting, and testimony preparation.

12. As of the date of this declaration, I have been compensated in the amount of $[________] for services rendered to date.

13. My compensation is not contingent upon the outcome of this case nor upon the opinions I express.

III. SCOPE OF ENGAGEMENT

14. I have been engaged to render expert opinions and analysis regarding the following issues:

• [Issue 1]: [Brief description of scope]
• [Issue 2]: [Brief description of scope]
• ☐ [Issue 3]: [Brief description of scope]

15. The specific focus of my opinions is [describe whether this declaration supports or opposes summary judgment and on what grounds].

Materials Reviewed

16. In preparing this declaration and forming my opinions, I have reviewed and relied upon the following materials:

☐ A comprehensive written expert report prepared by myself dated [Date], attached as Exhibit B, which sets forth my detailed analysis, assumptions, limitations, and opinions.

☐ The following documents and materials furnished by counsel:

• [Deposition transcript of __________, taken on __________]
• [Documentary evidence: contracts, photographs, test results, etc., attached as __________ or described in Exhibit C]
• [Prior expert reports by opposing experts]
• [Academic literature and industry standards, cited in Section IV below]
• [Other materials: __________, __________]

IV. METHODOLOGY AND RELIABILITY

17. The opinions expressed in this declaration are based upon sound scientific, technical, and professional principles consistent with standards in my field.

Relevant Standards and Discipline

18. My analysis applies the following established principles and methodologies recognized in [relevant discipline/field]:

• [Principle/Standard 1]: [Brief explanation of how this applies]
• [Principle/Standard 2]: [Brief explanation]
• ☐ [Principle/Standard 3]: [Brief explanation]

19. These methodologies are described in and consistent with:

• [Relevant textbook, treatise, or published work: __________]
• [Industry standard or best practices: __________]
• [Peer-reviewed literature cited below]

Process and Analysis

20. My analysis of the issues in this case employed the following process:

a. Review and familiarization: I reviewed all relevant case materials, documents, and data pertaining to [subject matter];

b. Technical analysis: I conducted [describe methodology—testing, calculations, modeling, measurements, inspection, etc.];

c. ☐ Consultation and peer review: I consulted with [whom] and obtained peer review of [what aspects] to ensure reliability;

d. ☐ Site inspection/investigation: I personally inspected [location/item] on [date] and observed [relevant observations];

e. Data integration: I integrated the foregoing information with applicable industry standards, published literature, and accepted practices in the field.

Basis for Reliability

21. The opinions expressed herein are reliable because they are grounded in:

• Established practices within the [relevant field] as documented in peer-reviewed literature, including [cite 1-2 key sources];
• My own professional training and experience spanning [__] years;
• Direct analysis of case-specific data, testing results, and documentation;
• Application of uniform and consistent methodologies to the facts at issue.

V. PERSONAL KNOWLEDGE BASIS

22. To the extent this declaration contains factual assertions regarding [subject matter], such assertions are based upon my personal knowledge and observation, specifically:

• [Factual assertion 1]: I personally [observed/measured/tested] [details], on [date], which established that [factual basis].
• [Factual assertion 2]: I reviewed and analyzed [documents/data] and personally verified [specific facts].
• ☐ [Factual assertion 3]: [personal knowledge basis]

23. All factual statements in this declaration regarding matters within my personal knowledge are true and correct based on my direct involvement or observation.

VI. OPINIONS

Opinion 1

24. Opinion: [State the opinion clearly and concisely]

Basis: This opinion is based upon:

• [Factual predicate 1: established from discovery, testimony, or personal knowledge]
• [Factual predicate 2]
• [Factual predicate 3]
• Application of [methodology/standard] as described in Section IV above
• My analysis of [specific data/materials reviewed]

Analysis: [Provide reasoned explanation connecting methodology and facts to the opinion. Show how the opinion follows logically from the predicate facts and the discipline standards applied.]

Opinion 2

25. Opinion: [State the opinion clearly and concisely]

Basis: This opinion is based upon:

• [Factual predicate 1]
• [Factual predicate 2]
• Application of [methodology/principle]
• [Supporting evidence or literature]

Analysis: [Reasoned explanation of how facts and methodology support this opinion.]

Opinion 3 (if applicable)

26. ☐ Opinion: [State the opinion]

Basis: [Factual predicates, methodology, data reviewed]

Analysis: [Reasoned explanation]

VII. RELIANCE AND ASSUMPTIONS

27. In forming my opinions, I have relied upon the following facts, data, and assumptions:

a. Facts assumed to be true: The facts alleged in the Complaint and responsive pleadings, as well as deposition testimony and documentary evidence in the case file, as described in the materials reviewed per Section III above;

b. Assumptions instructed by counsel: Counsel has instructed me to assume the following facts for purposes of this declaration: [List any hypothetical facts or scenario assumptions provided by retaining counsel];

c. Industry and scientific assumptions: I have assumed that industry standards and published methodologies applicable to [field] remain consistent with the state of the art as of [relevant date] and apply to the circumstances of this case.

28. Important limitations: My opinions are necessarily limited by:

• The completeness and accuracy of materials provided to me. If additional or different information becomes available, my opinions may be subject to modification;
• The scope of my engagement, which is limited to the specific issues identified in Section III;
• ☐ [Other limitations, e.g., inability to conduct site inspection, reliance on self-reported data, limitations in available testing, etc.]

VIII. RESPONSE TO OPPOSING EXPERT

29. ☐ I have reviewed the expert declaration and/or report of [Opposing Expert Name] dated [Date], and I offer the following response to the opinions expressed therein:

a. Regarding [Opposing Expert Opinion 1]: [Explain why the opinion is unreliable, inconsistent with accepted methodology, or factually incorrect. Cite specific portions of the opposing expert's work and your technical basis for disagreement.]

b. Regarding [Opposing Expert Opinion 2]: [Response to specific opinion]

c. ☐ Regarding [Opposing Expert Opinion 3]: [Response]

IX. MATERIALITY AND GENUINE DISPUTE OF MATERIAL FACT

30. ☐ Regarding [Plaintiff's/Defendant's] Motion for Summary Judgment:

This declaration establishes genuine disputes of material fact that preclude summary judgment because:

a. On the element of [Element 1]: My opinion regarding [Opinion 1] directly contradicts [Opposing party's evidence/argument]. Specifically:

• My analysis establishes that [factual dispute regarding Element 1]
• This is material because [explain why this element is essential to liability/defense]
• See deposition of [witness] at page/line ___; Document [________]

b. On the element of [Element 2]: My opinion that [Opinion 2] creates a genuine dispute regarding [factual issue]:

• [Identify the disputed fact and cite record support]
• This dispute is material to [explain significance]

c. ☐ On the element of [Element 3]: [Similar analysis]

31. These material factual disputes require a jury determination and preclude entry of summary judgment in favor of any party.

X. CONCLUSION

32. Based upon my education, training, professional experience, the methodologies and analyses described above, and my review of all relevant materials in this case, it is my professional opinion that:

• [Opinion 1 restated briefly]
• [Opinion 2 restated briefly]
• ☐ [Opinion 3 restated briefly]

33. I am prepared to testify at trial or by deposition in support of the opinions expressed in this declaration.

DECLARATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge, information, and belief. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment under 18 U.S.C. § 1621.

Executed at [City], [State] on [Date].

[EXPERT SIGNATURE]

[EXPERT NAME—Typed]

Date: ________________

EXHIBITS

• Exhibit A: Curriculum Vitae of [Expert Name]
• ☐ Exhibit B: Expert Report of [Expert Name], dated [Date] (if separate written report has been prepared)
• ☐ Exhibit C: Materials Reviewed and Reliance List
• ☐ Exhibit D: [Other supporting documentation, charts, photographs, test results, etc.]

SOURCES AND REFERENCES

The following are key authorities, standards, and literature applied in forming my opinions:

Federal Rules and Statutes

• Federal Rules of Civil Procedure, Rule 56 (Summary Judgment)
• Federal Rules of Evidence, Rule 702 (Testimony by Experts)
• 28 U.S.C. § 1746 (Unsworn Declarations Under Penalty of Perjury)

Case Law on Expert Standards

• Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) [reliability and relevance standard for expert testimony]
• Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) [application of Daubert to non-scientific expert testimony]
• FRE 702 Advisory Committee Notes [detailed analysis of expert testimony standards]

Discipline-Specific Standards and Literature

• [Relevant textbook, treatise, or manual used in field: Full citation]
• [Relevant peer-reviewed journal or publication: Full citation]
• [Relevant industry standard, specification, or best practices document: Full citation]
• ☐ [Additional authoritative sources used in analysis]

Additional Resources

For information on summary judgment practice and expert declarations, see:

• Federal Judicial Center, "Reference Manual on Scientific Evidence" (3d ed. 2011)
• The Rutter Group, "Federal Civil Procedure Before Trial" (relevant sections on expert disclosure and summary judgment)
• Local rules and standing orders of the United States District Court for [Your District]

Note: This template should be customized with specific factual details, expert qualifications, methodologies, and opinions pertinent to your case. Retain local counsel in the applicable federal district court to ensure compliance with applicable procedural rules, local rules, and case-specific orders.