How Not to Depose 54 Defense Expert Witnesses

We are running out of time. As we march towards trial too many depositions remain to be taken. We ask the four defendants to narrow their list of experts. They do no such thing. They ignore us. We ask for their experts’ opinions. The defendants tell us they won’t have them until after their experts review all of our experts’ opinions and depositions.

There is no way we are going to take 54 defense expert witness depositions. Why should we. Why would we pay those experts, a court reporter, and a videographer x 54. The defense will not use but a quarter of them.

And so we issue Depositions upon Written Questions. A rarely used tool that needs to be dusted off more often.

At trial the Court properly rules that if the defense experts have not identified their opinions in the Depositions on Written Questions, then they will likely be excluded from raising them for the first time now. Excellent.

Form is here.

Photo: Would rather be spending time with grandbaby than taking unnecessary depositions.