Can you depose an expert witness?

Any party may depose any designated expert, and the general rules governing depositions apply equally to experts. It is counsel’s role to present the expert’s testimony by sequencing examination effectively. The witness’s role is merely to answer the questions and not try and narrate why the client should win.

Should an expert witness be on one side of the case?

Because experts are both evaluated on their approach to the facts and asked to testify about it, the perception of both the judge and jury is that the expert is ultimately on the “side” of facts, reason, and careful analysis. No explicit rules prohibit an expert from switching sides or mandate that an expert do so.

What is the purpose of a deposition in relation to an expert witness?

Your basic purpose for deposing the expert should be twofold: 1) to determine the expert’s opinions and conclusions, and 2) to undermine or limit the impact of the expert’s opinions and conclusions.

Are the credentials of expert witnesses important?

Expert witnesses are important to many cases. They help jurors understand complex and nuanced information, they provide a sense of objectivity and credibility, and they integrate with the legal team to enhance the strength of the entire case.

How do you prepare an expert witness for a deposition?

Practice Makes Perfect Depositions

Practice direct examination questions.
Practice anticipated cross exam questions.
Remember cross-exam questions may not necessarily be on the subject of expertise; they could be questions designed to impeach the witness and damage his credibility.
Practice your objections.

Can a expert witness be produced for deposition?

In fact, any expert retained by the opposing side must be produced for deposition upon the service of proper notice.

Can a paralegal prepare a witness for deposition?

A paralegal should not prepare a witness for deposition, as that is the duty and responsibility of the lawyer. Don’t assign a paralegal to go with your expert to “the scene” and conduct activities there — go yourself and be there with the expert.

How to avoid a subpoena for an expert witness?

An alternate approach is to stipulate with opposing counsel that experts will voluntarily comply with a notice to produce and bring requested documents to the deposition (or to produce them on some mutually agreed upon date before the deposition) without the necessity of a subpoena.

Can a party depose an expert in a case?

1. INTRODUCTION A party has the right to depose any expert designated by the opposing party. [CCP § 2034 (i)]. In fact, any expert retained by the opposing side must be produced for deposition upon the service of proper notice.

What happens during the deposition of an expert witness?

Goals and Strategies. The deposition of an expert witness is the culmination of the opposing party’s defense or prosecution theory of the case. Before taking an expert’s deposition, the parties should have completed fact discovery—interrogatories answered, documents obtained, lay witnesses deposed.

What are the rules for discovery of expert witness opinions?

§620A Written Discovery of Expert Witness Opinions Rule 26 (a) (2) of the Federal Rules of Civil Procedure provides that the opposing party must disclose the identity of any expert witness. The mandatory disclosure must include, among other things, the following: