Deposition Questions for Testifying Expert

Introduction

  1. Good morning ____________________________. My name is ____________________________. Our firm represents ____________________________.

  2. Would you please state your fun name and spell it for the record?

  3. ______________________________ , have you ever had your depo taken before?

  4. Approximately how many times? (See "prior depot" below)

  5. (The first thing - go over some ground rules.)

    The depo today may appear to be an informal proceeding; however, you have taken an oath and that obligates you to answer carefully and honestly under penalty of perjury, the same as if you were in a court room.

  6. Do you understand that?

  7. The court reporter will be transcribing everything we say today and will prepare a bound volume.

  8. You will be given an opportunity to review it and to make changes; however, other attorneys or I can comment on the fact that you made changes. That could prove to be embarrassing and could reflect on your credibility as a witness.

  9. Do you understand that?

  10. Accordingly, you should try to keep changes to a minimum. The way to do that is to make certain you understand my questions.

  11. If I ask a question that is not completely clear, by all means, stop me and ask me to rephrase it. I'll be happy to do that so that itls understandable. It is most important that you fully and clearly understand each question before answering. Today's depo is not intended to trick you. It is for the purpose of obtaining information.

  12. Do you understand that?

  13. There are certain words that may be unclear to the court reporter, so please use the words "yes" or "no" when appropriate and remember that the court reporter cannot record a shake of the head.

  14. The court reporter will have difficulty if we both speak at the same time. Please wait until I am completely through with my question before speaking and I will try to wait until your answer is complete before asking another question.

  15. If I ask a question and you can't remember the exact answer, I'm entitled to ask you for your best estimate. I don't want you to guess. Let me illustrate the difference. If I ask you for the length of this table and gave you no measuring tools, your response would be an estimate.

  16. If I asked you for the length of the table in our other conference room, your response would be a guess, because you have no basis for your response. Do you understand the difference between an estimate and a guess? Again, do not guess when asked a question. If you can't remember, simply say so. Not remembering is a perfectly acceptable answer.

  17. Is there anything that would prevent you from giving your best testimony today?

  18. Have you consumed any alcohol in the last 24 hours?

  19. Have you taken any prescription medication or other substance in the last 24 hours that would impair your ability to give your best depo today?

  20. If you would like to take a break to use the restroom or to confer with your counsel, please let me know. We can take a break at any time. Ok?

  21. Do you go by any other name?

  22. Have you ever gone by any other name?

  23. What is your current home address?

  24. Do you have any intention of moving within the next 12 months?

  25. What is your current business address?

  26. Have you ever been convicted of a felony?

Prior Depos (if applicable)

  1. How many times have you had your depo taken before today?
  2. Please describe the first matter.
  3. Approximate date?
  4. Which court?
  5. Were you a plaintiff, defendant or just a witness?
  6. What was the outcome?

(Repeat as necessary)

II Education

  1. Did you graduate from high school?
    Where?
    When did you graduate?

  2. Did you attend college?
    Where?
    Did you graduate?
    When?
    Degree?

  3. Did you attend graduate school?
    Where?
    Did you graduate?
    When?
    Degree?

III Professional Licenses

1. Do you have any professional licenses?
2. When were you first licensed?
3. Has your license ever been revoked?
4. Has your license ever been suspended?
5. Have you ever been censured or disciplined in any way by the licensing authority?

 

IV Professional Organizations

1. Are you a member of any professional organizations?
2. Which organizations?
3. When did you become a member?
4. Has your membership been continuous?
5. Do you have any professional designations?
6. Have you ever been censured or disciplined in any way by ___________ ?

 

V Work History

1. After graduation from ______________________ where were you first employed?

 

VI Experience

Have you ever taken any courses or seminars in:

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

4. _____________________________________________________________

5. _____________________________________________________________

6. _____________________________________________________________

7. _____________________________________________________________

  1. When
  2. Where
  3. Who was the sponsor or provider
  4. Did you receive any evidence of attendance?

 

VII Experts - General

  1. Did you bring a resume with you today?
  2. Is your resume current or does it require any modifications?
  3. What materials were you provided with for review?
  4. Did you review any other materials to prepare for today?
  5. Aside from Mr./Ms. (lawyer's name), have you talked to any other persons concerning this matter?
  6. Who? When? Where? What did (lawyer's name) say to you? What did you say to (lawyer's name)? _______________________________________
  7. Have you inspected the property? When? How long did you spend?
  8. Have you ever testified as an expert in a deposition?
  9. How many times?
  10. Have you ever testified as an expert in a court?
  11. How many times?
  12. What percent of those total cases, where you have testified as an expert, did you testify for the defense/plaintiff?
  13. Have you ever been hired by the law firm of (firm name) as either a consultant or expert? How many times?
  14. Have you ever been hired by Mr./Ms. (lawyer's name) as either a consultant or an expert? How many times?
  15. How are you being paid?
  16. How much have you billed on this matter to date?
  17. How much have you been paid on this matter to date?
  18. When do you expect to receive the balance owing?
  19. How long have you been testifying as an expert?
  20. What percent of your income in the last year was generated by consulting for attorneys or providing expert testimony?
  21. How did you happen to meet Mr./Ms. (lawyer's name)?
  22. How long ago did you meet?
  23. When were you first contacted concerning this case?
  24. Have you ever written or published any articles or books? Describe each one. Where can they be found?
  25. Excluding any family law matters, have you ever been sued?
  26. How many times?
  27. When was the first time you were sued?
  28. Who sued you?
  29. What were the claims?
  30. What was the outcome?
  31. Have you ever been sued for negligence in connection with your profession?
  32. In what areas do you consider yourself an expert?
  33. Have you been qualified in court as an expert in all of those areas?
  34. Have you ever failed to qualify as an expert?
  35. What was your assignment with regard to this matter?
  36. Did you receive all of the information you needed to perform your assignment?
  37. Is there anything you believe that you would need to complete your assignment that you don't currently have?
  38. Are there any tests you would have liked to perform that you didn't perform?
  39. Are there any persons that you would have liked to talk to, with whom you didn't talk?
  40. Have you been asked to reach an opinion regarding appointment of fault or damages in this case?
  41. Do you have any opinion concerning apportionment/fault in this case?
  42. Do you feel confident to testify as an expert in offering your opinion?

 

VII Construction Experts

  1. What was your understanding before your inspection?
  2. Please explain how you proceeded to analyze the problem?
  3. Did you take any photos?
  4. Did you perform any tests?
  5. What tests did you perform?
  6. What was the purpose of each test?
  7. When was each test performed?
  8. What areas were tested (be specific)?
  9. How long was each test? How did you perform each test?
  10. Was each test done to industry standards, your own standards or other standards?
  11. Can you describe the standards used?
  12. Would you consider other standards?
  13. Would you consider other - Standards?

 

 

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