Objections at Expert Witness Depositions

• Author: Joseph A. Ranney
• Pages: 131-145

20-1

Chapter 20

Objections at Expert Witness Depositions

I. DISCOVERABILITY OF COMMUNICATIONS WITH EXPERTS

§20:01 When Is a Witness an Expert Witness?

§20:02 Discovery of Expert Witnesses

§20:03 Attorney Communications With Expert Witnesses

§20:04 When Should You Object to Attempts to Depose a Non-Testifying Expert?

[§§20:05-20:09 Reserved]

II. OBJECTIONS AT THE EXPERT’S DEPOSITION

A. Objections to Discovery of Information Supplied by Attorney and Materials Generated by Expert

§20:10 Facts Supplied by Attorney to Expert

§20:11 Objection: Opinion Testimony Standards and Applicable Legal Standards

§20:12 Objection: Legal Analysis of the Case

§20:13 Draft Materials and Draft Reports Generated by the Expert

[§§20:14-20:19 Reserved]

B. Objections to Expert Testimony

§20:20 Objection: Question Outside the Scope of the Expert’s Assigned Task

§20:21 Objection: Questions to Expert That Lack Foundation

§20:22 Objection: Answer Reveals Confidential Information

§20:23 Objection: Opposing Party’s Failure to Compensate the Expert

[§§20:24-20:29 Reserved]

C. Objections to Methodology and Qualifications

§20:30 Objection: Expert’s Methodology and Opinions

§20:31 Objection: Expert’s Qualifications

§20:32 Objections: Testimony of Court-Appointed Experts

III. FORMS AND CHECKLISTS

Form 20-1 Checklist: Laying the Groundwork for the Expert’s Deposition

Form 20-2 Checklist: Explaining the Objection Process to an Expert Witness

Form 20-3 Letter Confirming Agreement That Draft Reports Will Not Be Discoverable

Form 20-4 Letter Confirming Agreement As to Payment of Expert Witnesses’ Fees

Form 20-5 Order Establishing Protocol for Court-Appointed Expert’s Deposition