Deposition Outline - Opposing Expert - Daubert Issues

Qualifications

Define subject matter(s) of expertise on specific topic of testimony

Specialized knowledge expert possesses in this subject matter

Training/education

Where, how long, hours of coursework, degrees

Professional organizations

Memberships

Leadership positions

Certifications

Identify those available for this subject matter

Identify which ones the expert has

Identify any the expert has tried for and not gotten

Articles published

Research studies

Prior testimony

Prior testimony (deposition, affidavit, or in court) in the subject matter

List of cases within the preceding four years now required under Federal Rule 26(a)(2)(B)

Deposition, affidavit, or at trial

Get court, opposing counsel, dates

Number of times the expert has been qualified as an expert in this subject matter

Were expert's opinions ever excluded on any ground?

Did expert ever not survive a Daubert/Robinson challenge?

Was he or she ever not qualified as an expert?

Bias

Does he or she perform expert work solely for plaintiffs or defendants?

What percentage of work done is for plaintiffs/defendants?

Methodology

What are the accepted methodologies used in the subject matter of the expert’s opinion? (i.e. statistics for economist)

For each, what training has the expert had?

What methodology did the expert use in formulating his or her opinions?

Describe methodology and reasoning process in detail

Identify authoritative source for that methodology

Who developed and when?

Where documented?

Testability Factor

Has that methodology been tested?

By whom? How many...