Basic Expert Witness Deposition Outline

  • Education and Employment Background-educational background, starting at the high-school level -employment history in chronological order
    -military
    -special licenses, board certifications, etc.-professional societies, organizations-teaching or lectures-published articles, books, or papers-drafted any relevant legislation-done anything else relevant to the case

  • Prior Experience as an Expert-How long has the expert been testifying in litigation matters, oneither a part-time or full-time basis? -How many times has expert given a deposition, testified at trial,
    given expert testimony under oath in a hearing or other proceeding?-What percentage has expert worked for plaintiff or defendant?-How many cases have same fact pattern or issue?-What other types of cases have you been consulted?-Has expert testified for same law firm or defendant before?

  • Assignment in Present Case-date on which expert was first contacted

  • How Time on Case Has Been Spent
    -How many hours?
    -Spent reading and nature of what has been read?
    -Spent discussing case and with whom? Counsel, parties, other experts, independent third parties-Other: examining the scene, conducting tests, examining evidence,doing calculations, writing reports-Rates, charges, and manner of billing

  • File and Reports-Written reports?

  • Assistance that Expert has Received-Identity of each assistant and nature of work

  • Expert’s Opinions

  • Bases for Each Opinion-any admissible evidence that is relied upon-any inadmissible data that is relied upon-all assumptions, conjectures, or reasoning that forms basis for the opinion-any other reasons the expert may have for reaching or holding the opinion

  • Inconsistencies with Each Opinion
    -encountered any fact, article, evidence, any other matter that isinconsistent with the rendered opinion

  • Other Contemplated Work

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