I’m deposing a defense expert later this week. The file was to be produced 3 days beforehand. Defense expert did not provide her analysis until 2 days beforehand. The analysis is just calculations that only hint at the opinions she intends to render. What would you do at the deposition?

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I’m assuming you’re in CA. Not all experts prepare reports that contain all their opinions. They have to produce everything they have that is responsive to the RFPs in your deposition notice. But if something doesn’t exist then you’re out of luck. It’s definitely easier to take a depo when you get a summary of opinions ahead of time but it’s not always possible. At the deposition, ask the expert to list all their opinions. Write them down then go through one by one in detail and ask all your questions. You’re correct that the production was late, but if you received everything two days before the depo I wouldn’t make a stink about it. As long as it’s enough time for you to actually look at it and prepare then it’s fine. I get expert production late all the time. Your only option would be to cancel the depo and reschedule but unless the production is so late and so big that it gives you no time at all to prepare, I wouldn’t do it.

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I’m not sure what your states requirements are, but in Ohio you notice a deposition and ask the expert to bring any notes they made or materials they reviewed to the depo. I often ask if they can provide it in advance but defense counsel never really does. Are they required to produce this in advance of the depo?

If you need to be able to review those materials to prepare I’d contact defense counsel and say you need to reschedule the deposition bc they didn’t comply with the requirements of the statute.

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