Instructing a Forensic Document Examiner: Ensuring Part 35 Compliance in Document Disputes

When a disputed signature or questioned document becomes central to a legal dispute, the quality of the expert evidence can determine how smoothly the matter progresses through the courts.

Poorly prepared or vague instructions risk unnecessary delays, increased costs and, in worst-case scenarios, non-compliance with procedural rules. This guide sets out what solicitors need to provide when instructing a forensic document examiner and how to ensure the resulting report is robust, impartial and court-admissible.

The Role of a Forensic Document Examiner

A forensic document examiner provides independent, scientific analysis of handwriting, signatures and questioned documents. Typical laboratory examinations include:

• Comparison of handwriting and signatures

• Detection of alterations, additions, and erasures

• Examination of ink entries and writing instruments

• Visualisation of indented impressions (ESDA testing)

• Assessment of photocopies, scans and digital reproductions

The expert's role is to assist the court by offering impartial, evidence‑based opinions - not to act as an advocate for either party.

CPR Part 35 and CrimPR Compliance

For civil proceedings, expert evidence must comply with CPR Part 35 and its Practice Direction. A compliant report must:

• Be independent, objective and unbiased

• Set out the expert’s qualifications and experience

• Explain the methodology used

• Distinguish clearly between facts, assumptions and expert opinions

• Include a statement of truth and declaration of compliance

The Risk of Non-Compliance: Failure to meet these strict requirements can result in the court giving the evidence significantly reduced weight, or excluding it entirely from proceedings.

For criminal matters, expert evidence must comply with Criminal Procedure Rules Part 19, including clear explanation of methodology, limitations and all materials relied upon.

Information Solicitors Should Provide at the Outset

Clear, complete instructions allow the expert to assess the case properly and avoid unnecessary delays. At a minimum, instructing solicitors should provide:

• All questioned documents in the best available form - originals where possible

• Known or specimen signatures/handwriting for comparison

• Background information relevant to the dispute

• Specific questions the expert is being asked to address

• Key deadlines, including exchange dates and court timetables

• Instruction Type: Clarification on whether a standalone Part 35 report is required or if the expert is to act as a Single Joint Expert (SJE).

Providing this information upfront ensures the examiner can confirm suitability, identify any limitations and begin work without delay.

Originals vs Copies

Where possible, original documents should be supplied. They allow examination of:

• Pen pressure and line quality

• Ink flow and stroke sequence

• Indentations

• Physical signs of alteration

If originals are unavailable, high-quality, uncompressed digital scans can still be assessed, but any limitations must be noted in the final report.

Common Pitfalls to Avoid

Solicitors can streamline the instruction process by avoiding:

• Delayed material submission

• Selective disclosure of comparison material

• Insufficient timeframes for laboratory examination and report preparation

How QD Examiners Can Assist

With over 30 years’ combined expert witness experience, QD Examiners provides independent, impartial handwriting and document examination for civil, criminal and arbitration matters. We prepare fully compliant Part 35 and CrimPR reports and regularly undertake Legal Aid Agency (LAA) funded casework within standard LAA hourly rates.

Request a Preliminary Material Assessment

If you need to confirm whether your documents are suitable for examination, we offer a complimentary initial suitability review for solicitors and legal professionals.

Contact us to discuss your case.

Instruction Policy

QD Examiners operates on a professional‑to‑professional basis. We do not accept instructions directly from private individuals; all enquiries must come through an instructed law firm or corporate insurer.