Taking Depositions of Expert Witnesses Scott Bair, Ohio State
University Depositions are a means within the legal system of
enabling both sides of a lawsuit to discover how the opinions of
witnesses were formulated based on facts, data, analyses, and
interpretation. In its ideal, both sides of the lawsuit learn
100 percent of what's up the other's sleeve. In reality, it is a
private game of hide and seek with the witness being tested to
see if she or he can be provoked into a display of temper or
arrogance, whether the witness is likely to be the equivalent of
'Mr. Peepers' on the witness stand, or whether the witness is
likely to be competent, concise, and coherent. Just like writing
an expert report, you do not want to teach the opposing
attorneys during your deposition. You should give very succinct
answers to the questions and then stop. Let them dig. I've been
deposed a dozen times or so. Although I enjoy the mental
challenge of strict Socratic questioning, depositions are more
difficult than trials beca