Know Your Deponent Cold—Before You Walk
Into the Deposition
Arm yourself with as much knowledge as possible about the expert witness you
are about to depose. At a minimum, do the following:
- Read through the other side's Rule 26 statement, as well as
any documents you may have obtained.
- Search online databases for references to the expert in published
decisions.
- Search databases for news stories or articles mentioning the
expert.
- Gather and review all of the expert's writings.
- Gather and review all of your expert's prior testimony.
- Conduct independent research into the expert's background and
credentials. (Do not assume that the expert's resume is fully
truthful and accurate).
- Consult closely with your own expert.
- In general, become as knowledgeable as any expert in the particular
field of endeavor. Become as much of an expert as the expert
himself by the time you are ready to take depositions.
More information about the book The
Litigation Manual: Depositions
|
Excerpted from The
Litigation Manual: Depositions
Edited by Pricilla Anne Schwab and Lawrence J. Vilardo
“Strategies in Expert Depositions” by Peter L. Winik
ABA Section of Litigation |
|
