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Posted: 11/7/2023 12:00:40 PM EDT
In what circumstance could a lawyer not allow the opposing side to depose their expert witness?
Asking for a friend. |
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Posted: 11/7/2023 2:14:16 PM EDT
[#1]
If in a civil court (other than small claims) in the 50 states, i cannot think of a situation, unless a party is being sanctioned/punished by the court for some wrongful action. US and State courts favor pretrial discovery so the rules do, too.
Arbitration and foreign litigation will both usually have less discovery, but I've had plenty of expert depositions in arbitration as well. What's your situation? |
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Posted: 11/7/2023 2:23:11 PM EDT
[Last Edit: bigbore]
[#2]
This is a civil case. All I can imagine is it's a delay tactic.
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Posted: 11/7/2023 6:22:10 PM EDT
[#3]
youre probably right about just delaying to be an asshole. what does your lawyer say?
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Posted: 11/7/2023 10:49:14 PM EDT
[#4]
Did counsel miss their deadline to notice the deposition, or have they already used up all the depositions allowed by rule or court order?
Those are about the only circumstances I can think of where you'd have a good argument to oppose the deposition of an expert. |
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Posted: 11/8/2023 9:20:45 AM EDT
[Last Edit: bigbore]
[#5]
Quote HistoryOriginally Posted By davewvu86: Did counsel miss their deadline to notice the deposition, or have they already used up all the depositions allowed by rule or court order? Those are about the only circumstances I can think of where you'd have a good argument to oppose the deposition of an expert. No deadlines have passed. It's as if plaintiff is saying their experts cant be deposed until they know who the defendants experts are. The deadline for expert reports on defendants side has not come yet. So it seems plaintiff is delaying to not give defendants any time to depose plaintiff experts before the deadline for defendants expert reports is due... Am I saying that right? |
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Posted: 11/8/2023 9:51:09 AM EDT
[#6]
It could/would vary b/w state court rules, but I wouldn't want any expert deposed until both experts have had an opportunity to review what the other side's expert is going to say. Assuming you have dual experts. That wouldn't be fair, or efficient.
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Posted: 11/8/2023 9:59:12 AM EDT
[#7]
Quote HistoryOriginally Posted By LawyerUp: It could/would vary b/w state court rules, but I wouldn't want any expert deposed until both experts have had an opportunity to review what the other side's expert is going to say. Assuming you have dual experts. That wouldn't be fair, or efficient. I was looking at this the opposite way. Again, I dont know how this process usually works out. How do you know if you even need an expert or what expert, without deposing their expert first? |
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USA
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Posted: 11/16/2023 3:04:59 PM EDT
[#8]
Quote HistoryOriginally Posted By bigbore: I was looking at this the opposite way. Again, I dont know how this process usually works out. How do you know if you even need an expert or what expert, without deposing their expert first? Don’t know how it works in Ohio. Generally, experts must be designated in writing, with enough information to allow the other side to assess them and their opinions. Sometimes you depose them, sometimes you don’t. Sometimes you get your own expert, sometimes you don’t. If you want to depose them, you generally get to do so. Lawyers work out what makes sense in terms of timing. Courts can be involved in scheduling, but do not like to be, and when they are somebody usually ends up regretting it. |
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