Effective Expert Witnessing

Understand the discovery process, including fact and expert discovery, and learn how to manage interrogatories, documents, depositions, and expert disclosure to support your opinions.

Assume everything is discoverable across types of discovery, including notes, emails, draft reports, and calculations, and organize electronic and hard-copy materials to support expert opinions.

Rule 26 governs federal discovery, limiting production to final work product and underlying references. The December 2010 amendment narrows discoverability of drafts and emails in expert discovery, including depositions.

Explore how Daubert motions and state court motions to exclude shape the judge's decision through written submissions, responses, and expert testimony in hearings.

Prepare for deposition by reviewing materials and your data, anticipate D'Albert challenges along with open-ended questions and hypotheticals, and practice with mock sessions to sharpen demeanor and technical competence.

Maintain calm, professional demeanor to demonstrate credibility and command during depositions, handling hostility, nonverbal cues, and presenting truthful, convincing testimony to juries.

During deposition, experts stay calm, stay professional, avoid social interaction with opposing counsel, answer thoughtfully, acknowledge limits, avoid speculation, and review and correct transcript before signing off.

Prepare for the trial setting by contrasting pretrial preparation with deposition, engage the judge and jury, use open-ended questions, avoid leading questions, and cite written opinions.

Set ground rules for presenting information and instruct the jury on the law. Maintain civility, respond to the judge's questions, and show deference as the courtroom is led.

Develop ethical expert witnessing by embracing the learning process, avoiding conflicts of interest, and supporting rational, fact-based jury decisions in the courtroom.