Will a jury get to read my medical-legal report and also hear what my expert has to say?

Published 04/06/2025

Generally, no. According to court rules, if you choose to call a doctor to testify at trial, their medical-legal report does not become an exhibit. Instead, the doctor’s oral evidence, which must be consistent with the contents of their report, becomes the evidence. This ensures fairness by preventing “trial by ambush” — since the other side will have received the report in advance, and the doctor’s testimony is expected to align with it.

However, if you decide not to call the doctor as a witness, you may be able to submit the report itself as an exhibit, provided that proper notice and procedural requirements have been met. In that case, the report is admitted as expert evidence without the doctor attending court.

Ultimately, it’s one or the other — either the report goes in as an exhibit, or the doctor testifies and their report is used only as a reference, not as evidence.