Deposing the Expert Witness

• Posted by Geoffrey G. Gussis on August 4th, 2005


• Filed in Litigation

The Practising Law Institute has released another article that will be helpful for in-house counsel dealing with expert witnesses in litigation. 

"…in the real world, experts don’t just show up in court. In
civil litigation, they are part of the discovery process, and must be
deposed pre-trial…That’s why you will find
"Depositions of Expert Witness" by Patricia S. Brody (Jeffer,
Mangels, Butler & Marmaro LLP) particularly handy. While prepared with
California litigation in mind, it includes generalities from which all
can benefit. For instance, one thinks of experts as also being
experienced in trial matters. But Brody warns that you should not
assume your expert is experienced at being deposed. Thus you should
go over the basics with an expert every time. That includes explaining
the style of the opposing attorney and cautioning about not
volunteering information; not being too agreeable; taking time to
answer; reading documents before answering questions; not thinking
"on the record"; and listening to objections when made. For your own
part, you should prepare your expert in question and answer format –
that will reveal the weaknesses in their opinions."

Link: Deposing the Expert Witness at PLI (PDF Download).