3 Questions to Ask Every Expert Witness at Deposition

At an expert’s deposition, questions are primarily focused on the expert’s qualifications and opinions. But don’t forget to ask these three questions—you may be very pleased with the responses you get. 1. Have you come across anything inconsistent with your opinion? Have you encountered any fact, article, or other matter—either in material you relied on or otherwise—that is either inconsistent or not fully consistent with each of the opinions you have reached? Assuming the expert is truthful and candid, this line of questioning should apprise you of any weaknesses in the opposition’s case, some of which may not have occurred to you or your own experts. In addition, answers to these questions frequently provide good ammunition for impeachment of the expert at trial. For example, if at the deposition the expert acknowledges having read certain conflicting or inconsistent testimony, the expert who claims at trial that he or she has…

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