
5 Best Practices to Master Testifying in Digital Forensics Cases
Testifying as a digital forensic expert requires more than technical know-how. It demands clarity, composure and preparation. As a digital forensics veteran, I recently shared key lessons from testifying in one of the most high-profile cases of my career. Whether you’re preparing for local court or national scrutiny, these best practices will help you elevate your impact in the courtroom.
1. Know Your Evidence and Know It Deeply
The cornerstone of any expert testimony is your ability to explain the evidence confidently and clearly. It’s not enough to point to an artifact. You need to understand the full story behind it. How was it created? What app or user action caused it? Was it deleted, altered or system-generated?
This may mean going beyond what your tool shows and into how that data got there. For example:
- Was a search term typed in or the result of auto-complete?
- Was a location visited or searched for?
- Was an image saved by the user or by the device?
You need to know the difference and explain it clearly. I always emphasize that “if you can’t explain it, know why” whether it’s due to technical limitations, tool constraints or lack of access. A vague answer won’t cut it but a well-explained limitation maintains credibility.
2. Identify the “Make or Break” Evidence
Not all artifacts are created equal. Some will carry far more weight in the outcome of a case. With experience, you’ll start to recognize those “make or break” pieces of data. These could be locations, search terms, notes or messages that can sway a verdict.
When you spot one, don’t rush to alert the legal team or celebrate a “smoking gun.” Instead, slow down and validate. In Ian’s words, “take a step back and verify that you are correct.” A premature callout of what is perceived to be a key artifact can easily spiral into a courtroom misstep. The excitement to share important findings must always be balanced with due diligence and exhaustive cross-checking. You only get one shot to get it right on the stand.
3. Prepare for the Toughest Questions
A good testimony is not only about saying what you know. It’s about surviving what you don’t. Prepare like you’re the opposing counsel. What would you challenge? What assumptions might they test?
I advise mapping out expected questions, especially around new or untested data types. If you’re asked something you can’t answer, don’t fake it. A credible response is “That’s outside the scope of current tool capability” or “I haven’t tested that scenario directly but here’s what we do know.” Being transparent builds trust.
Also, align with the attorneys. Make sure they fully understand what your data does and doesn’t mean especially when it’s technical or ambiguous. Your job is to translate digital complexity into courtroom clarity.
4. Tailor Your Approach to Each Case
Every investigation is different and that means your evidence strategy should be too. While having a checklist or process is helpful, don’t get stuck in a one-size-fits-all approach.
In a case where a victim is found at home, location data may be irrelevant. But if the victim is found somewhere unusual, then location data may be the key to the entire case. The artifacts you prioritize depend on what the investigator is trying to prove and what your authority allows you to examine.
Digital devices contain a massive amount of data, and the evidence you need may not be parsed by your tools. Don’t be afraid to dig in and find something new. Just remember that it will require additional validation.
In one case, I spent six months trying to validate a theory about location data using vehicle park events not because it was standard but because it was necessary.
5. Block Out the Noise
High-profile cases bring pressure. Public commentary, social media scrutiny and even criticism can take a toll. My strategy: unplug. Before testifying, I cut off X (formerly Twitter), ignored Reddit threads and avoided coverage entirely.
It wasn’t about ignorance. It was about staying sharp and emotionally neutral. Social pressure can cloud your thinking or push you to over-explain or defend your work. The best way to maintain focus and objectivity is to limit outside distractions and focus entirely on your testimony ahead.
Even in lower-profile cases, this discipline matters. Always treat your courtroom performance like it will be under a microscope because it might be.
Final Thought
Testifying as an expert isn’t just about knowledge. It’s about discipline, adaptability and professionalism. By mastering your evidence, preparing for the toughest questions and focusing under pressure, you position yourself not just as a witness but as a credible authority in the courtroom.