Expert Witness Deposition: Five Questions To Ask
Expert’s deposition. While there is no substitute for being prepared, you can take an effective deposition "on the fly" by remembering five essential questions and their logical subquestions:
1. Who engaged you in this case.
2. What they ask you to do?
3. What did you do?
4. What conclusions, opinions did you reach and what do you intend to testify to at trial?
5. Where there any other test- analysis or things you could have done or would have liked to?
To this generic list I would add a series of questions that begin with "What were you taught or trained to do (in order to diagnose ____) or (when confronted with these symptoms) or (to avoid injuring the ____)?"
I'd really love to see a more complete list. I understand that this list was intended to be limited to five, but 15 questions would be three times as good.
I'd throw in how much they were paid and where the exam was conducted. If its an IME, I'd make sure that it was known that this was a corporation dedicated to employers.
If the expert is a frequent witness, I'd add how many exams/depositions/trials and how much they make examining/testifying annually.
Good list! Also, probe any disagreements they have with your own expert's opinion, and the reasons for the disagreements. And of course, ask them about all relevant documents, which are key in almost every deposition.