When you need an IT expert witness in Spain and how to choose one
An IT expert witness brings technical knowledge the judge does not have. In Spain, the Civil Procedure Act (art. 335 et seq.) governs their role.
Party-appointed and court-appointed experts
- Party-appointed expert: commissioned by one party; the report is filed with the claim or the defence.
- Court-appointed expert: designated by the court, usually from lists provided by professional associations.
In both cases the expert must declare their objectivity and can be questioned by all parties at trial.
When to commission a report
- When the key evidence is digital: messages, emails, files, logs.
- When the other party is likely to challenge it.
- When damages must be quantified or a technology asset valued.
- Before filing a claim, to check whether the case has a technical basis.
What to check
- A university degree in the field and membership of a professional association.
- Use of recognised methodologies, such as Spanish standard UNE 197010 for ICT expert reports.
- Clear communication: the report has to be defended before a judge.
- No conflict of interest with the parties.