Resources

2012 Winter Newsletter - Checklist for Attorneys

Preparing an Expert Witness for Deposition

by Lawrence J. West
Johnson, Trent, West & Taylor, LLP
  

 

Have you ever presented an expert witness for deposition and his/her performance was less than ideal?  If the answer to this question is “yes”, then perhaps a checklist of items would be helpful in preparing your expert. As the old saying goes: “There are no poor witnesses, only poorly prepared ones.”  To assist you during your depo prep session, below is a checklist of items to cover with your expert witness.

 

1. Update Your Resume Prior to the Depo

 

2. Organize File and Know Your Report

 

3. Know Previous Testimony

 

4. During the Depo Prep Session Leave Time for a Mock Cross Examination

 

5. Depo Transcript and Video Will Be Used At Trial

 

6. Answer the Question Fully But Do Not Expand

 

7. Opposing Counsel Will Summarize Testimony

 

8. You Control the Pace of the Depo and Timing of Breaks

 

9.  Do Not Speed Up the Cadence of Your Answers. 

 

10. Look Out for the Malignant Statement Followed by the Benign Question.

 

11. When Asked About Critical Opinions, Do Not Use Weasel Words

 

12. Do Not Be Afraid to Admit You Met With the Attorney That Hired You

 

13. Tell the Truth 


14. Opposing Counsel’s Agenda During Depo


15. Avoid Nervous Ticks

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