Section 9.11 Interrogatories and Depositions of Expert Witnesses

• Library: Sources of Proof (2014 Ed.)

3. (§9.11) Interrogatories and Depositions of Expert Witnesses

Discovery of the identity of experts may be obtained only by an interrogatory asking for the identity of each expert expected to be called at trial and the general nature of the subject matter on which each expert is expected to testify. Rule 56.01(b)(4); State ex rel. Mo. Highway & Transp. Comm’n v. Anderson, 735 S.W.2d 350, 356 (Mo. banc 1987). The Rule is exclusive of other methods of discovery. Anderson, 735 S.W.2d at 356. But see State ex rel. Mo. Highway & Transp. Comm’n v. Anderson, 759 S.W.2d 102 (Mo. App. S.D. 1988). Experts who have been consulted but are not expected to testify at trial are not discoverable. State ex rel. Richardson v. Randall, 660 S.W.2d 699 (Mo. banc 1983).

The facts known and opinions held by an expert witness can be discovered only by deposition. See:

· Rule 56.01(b)(4)

· Anderson, 735 S.W.2d at 356

· Sherar v. Zipper, 98 S.W.3d 628, 633–34 (Mo. App. W.D. 2003)

The purposes of taking the deposition of an opponent’s expert include:

· finding out the expert’s opinions and the bases for them;

· getting the expert to commit to a position;

· evaluating the expert’s appearance and ability as a witness;

· finding out the expert’s qualifications in the expert’s area of expertise;

· uncovering impeachment material; and

· testing the expert’s knowledge of the facts of the case.

Possible areas to cover during the deposition of an opposing expert include:

· areas of bias (relationship with any of the parties or their lawyers and fees for expert involvement);

· areas for impeachment (experience

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