Expert Witness

Expert witnesses are used in a wide variety of lawsuits, but no matter the cause(s) of action, proper practice calls for the service of interrogatories addressing expert witnesses. In general, interrogatories should request the following weh specifically dealing with expert witnesses:

1. The identification of any person the served party expects to call as an expert witness at trial

2. The subject matter on which the expert is expected to testify

3. The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion

A party is also entitled to obtain the deposition of any expert witness expected to testify at trial.

A party is generally not entitled to any information (identity, facts known or opinions held) with regard to an expert consulted by another party in anticipation of litigation or with regard to an expert who is not expected to be called to testify at trial.

Please note that the identity of any witnesses other than experts is not generally discoverable in some state courts. This is why being sure to account for experts in your discovery requests is so important. Doing so will provide the court with adequate reason to prevent a party from offering a new or undisclosed witness as an expert on the eve of trial.