Daubert/Kumho Type Interrogatories

The following interrogatories are designed to elicit information that may be helpful in a Daubert- or Kumho Tire-type challenge to expert testimony. They can be modeled for a challenge made either to plaintiff’s expert or the defense expert. Review the local rules of procedure carefully to determine the scope or parameters of any expert witness discovery, as well as the rules pertaining to interrogatories generally, before using or adapting these interrogatories. Finally, review carefully your jurisdiction’s case law to determine whether, and to what extent, the jurisdiction has adopted Daubert, Kumho Tire or some other standard for the admission of expert testimony.

Interrogatories

1. Identify any person retained to testify as an expert who will offer any opinion testimony on (insert specific nature of expert testimony relevant to the case) and include:

   a. name, address and telephone number

   b. professional occupation

   c. field of expertise

   d. formal education

   e. practical education

   f. licenses or certification

   g. publications

   h. lectures, speeches and seminars

2. Identify all prior actions, proceedings and matters in which the expert has proffered testimony (whether fact or opinion) and include:

   a. the case name, caption, case number and any other means of identification

   b. the subject matter of the testimony

   c. the opinion or opinions rendered

3. Does the expert have a curriculum vitae or resume? If so, will you attach a copy to these responses rather than necessitating a formal request for production of documents? If so, please attach a copy. If not, please provide the date of the expert’s most recent curriculum vitae or resume so that a formal request for production of documents can be made.

4. Identify any contact (insert name of either plaintiff’s or defendant’s counsel) has had with the expert involved in the case including:

   a. contact by the attorney or representative of (plaintiff or defendant) including any insurer

   b. the “direction,” “charge” or “instruction” given to the expert, i.e., for what purpose the expert was retained and/or what the expert was requested to do with respect to this case

   c. the amount of time spent by the expert on services rendered to (plaintiff or defendant)

   d. the expert’s fee for services rendered to (plaintiff or defendant) and the basis for establishing such fee

5. Was the expert retained under a written agreement or engagement letter? If so, will you attach a copy of the engagement or retention letter to...