Thursday, June 7, 2018

Question of the day for June 8, 2018

When deposing an expert witness are there any prohibited subjects of examination?

5 comments:

  1. Anything not contained in the expert's report (except for cross examination) or that they are not an expert on.

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  2. It would not be appropriate to examine the expert regarding personal aspects of his life or things that were outside the scope of what he was retained to do.

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  3. Anything that isn't relevant to their expertise is prohibited and what is in their expertise is determine by their report they file.

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  4. I can't really find an answer for this one. From what I can tell, a subject wouldn't be "prohibited," but it would draw objections as to relevance. A lawyer deposing an expert shouldn't ask questions that fall outside the scope of the expert's area of expertise, but doing so is improper, not strictly prohibited.

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  5. I agree with David. I don't think any subjects are necessarily "prohibited" when deposing an expert witness. However, questions that don't relate to the expert's opinion, facts/assumptions/data used in forming that opinion, and how much the expert was paid for his or her testimony will most likely draw an objection from opposing counsel and could potentially result in an order from the court limiting the type of questions that may be asked during the deposition.

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