Every origin and cause determination may one day be examined in a courtroom. When that happens, the investigator's conclusions will be tested not only on the facts, but also on the investigator's qualifications, methodology and credibility. Legal topics have been a regular part of Utah Chapter IAAI training for that reason. The 2018 conference included "Expert Credentials: How to write a Curriculum vitae" and "Legal Aspects: How to get evidence admitted," presented by the chapter's attorney, and the 2022 conference included a legal case review and legal presentation. This article summarizes practical lessons for investigators preparing for testimony.
This article is general educational information, not legal advice. Consult the prosecutor, agency counsel or retaining attorney on any specific case.
Why Your CV Matters
A curriculum vitae (CV) is a summary of your education, training, certifications and experience. In litigation, it is often the first document an attorney reviews to decide whether you qualify as an expert, and it is frequently used on cross-examination. An accurate, well-organized CV helps the court understand why you are qualified to offer opinions. An inaccurate one can damage your credibility in the case at hand and in every case that follows.
What to Include in a Fire Investigator CV
Contact and current position
Your name, employer or firm, title and a brief description of your current duties.
Education
Degrees and relevant college coursework, with institutions and dates.
Certifications
List each certification with the issuing body, credential number where appropriate, date earned and current status. Include state fire service certifications and professional credentials such as those described in our certification guide. Never list a credential that has lapsed as though it were current.
Training
Summarize fire investigation training by course, provider, date and hours. Many investigators keep a complete training log as a separate attachment and summarize it in the CV. Conference attendance, such as the Utah IAAI annual conference, belongs here.
Experience
Describe your fire investigation experience accurately: years in the role, the approximate number and types of investigations, and your role in them. If you estimate, say so, and be prepared to explain the basis of the estimate.
Teaching, publications and memberships
Include courses you have taught, articles or papers you have written, and professional memberships such as the IAAI and its Utah Chapter.
Testimony history
Many attorneys will ask for a list of cases in which you have testified. Keep a running record of the court, case type, date and whether you testified at deposition or trial.
Keeping Your CV Honest and Current
- Verify everything. Every entry should be supported by a certificate, transcript or record you can produce.
- Avoid inflation. Overstating experience or credentials is one of the fastest ways to lose credibility.
- Update regularly. Add training and certifications as you complete them, and date each version of your CV.
- Be consistent. Make sure your CV matches your reports, online profiles and prior testimony.
How Courts Evaluate Expert Testimony
Courts act as gatekeepers for expert testimony. In federal courts, Federal Rule of Evidence 702 and the Daubert line of cases require that expert testimony be based on sufficient facts or data, be the product of reliable principles and methods, and reflect a reliable application of those methods to the facts. Utah state courts apply Utah Rule of Evidence 702, which likewise requires a threshold showing that the principles and methods underlying expert testimony are reliable and have been reliably applied. The details of these rules and how courts interpret them change over time, so rely on legal counsel for current requirements.
For fire investigators, the practical message is consistent: your opinion must rest on a recognized, reliable methodology. NFPA 921 is widely recognized as describing that methodology, and NFPA 1033 requires investigators to employ the scientific method. Our article on NFPA 921 and the scientific method explains the steps.
Writing Reports That Hold Up
A defensible report allows another qualified investigator to follow your reasoning. It should:
- Describe the data you collected, including scene observations, photographs, interviews and laboratory results.
- Explain the origin analysis and the fire patterns, arc mapping or witness information supporting it.
- List the hypotheses you considered for the cause, how each was tested, and why each was accepted or rejected.
- State your conclusions and the level of certainty clearly. The 2024 edition of NFPA 921 added guidance on opinions and expressions of certainty.
- Acknowledge limitations, such as areas you could not examine or evidence that was unavailable.
Remember that your notes, photographs, diagrams and sometimes drafts may be discoverable. Follow your agency's policies on documentation and retention, and write every note as if it may be read aloud in court.
Getting Evidence Admitted
Physical evidence and photographs must be shown to be what they are claimed to be. That depends on proper documentation, labeling and chain of custody from the moment of collection. Gaps in custody or unexplained changes to evidence invite challenges and can lead to evidence being excluded or given less weight. Spoliation, the loss or alteration of evidence relevant to litigation, can have serious consequences in both criminal and civil cases. See our guide to evidence collection and preservation and our fire scene photography guide.
Preparing to Testify
- Review your entire file, including photographs, notes, reports, laboratory results and prior statements.
- Meet with the attorney who called you to understand the issues, the order of testimony and any exhibits you will use.
- Prepare visual aids, such as diagrams and selected photographs, to explain fire patterns and your analysis.
- Anticipate cross-examination on alternative hypotheses, your qualifications and any departures from NFPA 921.
On the Stand
- Listen to each question fully and answer only that question.
- Explain technical concepts in plain language, speaking to the judge or jury.
- Stay within your expertise and say "I don't know" when that is the truthful answer.
- Concede points that are correct; doing so strengthens your credibility.
- Remain calm, courteous and objective, whichever side called you.
Keep Learning
Courtroom skills improve with preparation, mentoring and feedback from experienced colleagues. Watch the Training page for upcoming legal sessions at chapter conferences, browse more investigator resources, and consider joining the Utah Chapter IAAI to learn from investigators and attorneys who have been there.