Taking my first expert deposition next week. I wouldn’t say I’m nervous more that I’m pretty concerned I might miss topics/questions. Any tips or advice?

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Make sure your outline has everything and use it as a checklist, but make sure you are paying attention to the answers and asking any follow up questions not in your outline.

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Don’t forget depo is different than trial. No need to go overboard. Just set yourself up for Daubert and summary judgment.

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You'll be fine. Be sure to repeatedly ask "how" they know something. Then follow up with whether they have documents/evidence to support their position. Easiest way to put an expert on their heels.

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Pretend you know nothing about the case and are the most curious person in the world. Ask any question you can possibly think of and always follow it up by asking the deponent how they know what they know.

Also, take your time. I’ve sat in depositions where attorneys have taken a full 60 seconds to review their notes before asking the next question. It’s your depo and you’ve got one shot (typically) at questioning them before trial. Don’t let the other side intimidate or rush you.

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Agreed on the outline. Preparation is key. Know what you’re looking to get out of the expert. Most important thing is to get them to fully express their opinions and the basis for them. You’ll do great.

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