Expert witness testimony is obtained through a deposition, which is a method of discovery used by attorneys to prepare for trial. An expert deposition allows a lawyer to ask questions of an expert who may testify at trial, but the cost and potential disclosure of strategy must be weighed. Interrogations are also used to prepare for trial.
An expert witness testimony is a process used to obtain information from a person who will testify as an expert witness in a trial. A deposition is a method of discovery that attorneys use to prepare for trial. Discovery is an opportunity for each party to a lawsuit to obtain information from an opposing party. An expert deposition allows a lawyer to ask various questions of an expert who may be called by an opposing party to testify at trial. A person who must answer questions in a deposition is a deponent.
An attorney who intends to conduct an expert deposition must weigh the pros and cons of doing so. For example, one concern is the cost of conducting such a deposition. The party seeking to perform an expert deposition is required to pay the expert a reasonable fee for her time. This means actual time to attend the deposition, expert time to prepare for the deposition, and travel time. These costs are in addition to the actual costs of the deposition, which typically require paying a court stenographer to record the deposition and prepare a transcript.
Additionally, an attorney may need to confer with their expert to prepare for the expert’s deposition. An attorney may also need to have their expert present at the deposition to help by providing suggestions on what questions the attorney should ask as a follow-up to responses. Another concern with conducting a deposition is that it will allow the opposing party to learn how the attorney is analyzing the case. This allows the opponent to gain insight into what approach the lawyer is likely to take at trial. Therefore, a lawyer must weigh many factors before taking action to conduct an expert deposition.
If an attorney decides it is best to conduct an expert deposition, the attorney will likely proceed with questioning the expert before the deposition. Interrogations are another discovery device that a lawyer will use to get information from an opposing party. Interrogations are a series of written questions that a lawyer will design to help prepare a case for trial. Lawyers usually serve expert questioning to develop a strategy for what types of questions to ask during the expert witness deposition. A lawyer will carefully plan interrogations to avoid evasive answers, and the person answering the interrogations must do so under oath.
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