Depositions
Types
An expert deposition explores the substance and basis of the expert's opinions: the methodology applied, the data and materials considered, the assumptions made, alternative explanations rejected, and the expert's qualifications and compensation history.
The party taking the deposition ordinarily pays the expert's reasonable fee for time spent responding.
Alternative Names:
Deposition of Expert Witness
Why it Matters?
The expert deposition is where a Daubert motion is built or lost. Productive examination pins the expert to a specific methodology, establishes exactly what facts were and were not considered, and exposes analytical gaps between the data and the conclusion. Broad exploration of opinions without locking down method produces a transcript that cannot support exclusion, no matter how weak the opinions seemed.
Frequently Confused with
Related terms
Frequently asked questions
Who pays the expert's deposition fee?
Are draft reports fair game at the deposition?
