Michigan Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 2.302(4)(a)(ii) of the Michigan Court Rules, experts who are expected to testify at trial may be deposed. Michigan laws and rules do not specify a time limit for depositions, but Rule 2.306(B)(2) provides that the court may increase or decrease the time allowed for [...]
Georgia Rules Regarding Expert Witness Depositions and Interrogatories Under § 9-11-26(b)(4)(A)(ii) of the Georgia Code, experts who are expected to testify at trial may be deposed in the same manner as any other witness. Oral depositions are governed by § 9-11-30, which does not provide a general time limit for depositions, but does state [...]
Ohio Rules Regarding Expert Witness Depositions and Interrogatories Ohio rules and cases are not explicit regarding the availability of deposition for experts. However, it seems that most authorities on Ohio law treat the vague reference to further discovery of testifying experts in Rule 26(B)(5)(b) of the Ohio Rules of Civil Procedure as making depositions [...]
Pennsylvania Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 4003.5(a)(2) of the Pennsylvania Rules of Civil Procedure, experts may only be subject to deposition “[u]pon cause shown.” Such a finding of cause appears to be exceedingly rare in Pennsylvania. For an example of a Pennsylvania case in which sufficient cause was shown to [...]
Illinois Rules Regarding Expert Witness Depositions and Interrogatories Testifying experts may be subject to deposition in Illinois. Under Rule 206(d) of the Illinois Supreme Court Rules, depositions are generally limited to three hours. Experts retained only for consulting purposes, on the other hand, may only be subject to discovery under exceptional circumstances as described below, [...]
Texas Rules Regarding Expert Witness Depositions and Interrogatories Experts retained to provide trial testimony may be subject to deposition in Texas under Rule 190.3(b)(2) of the Texas Rules of Civil Procedure. The Rules of Civil Procedure generally do not provide guidance on how long any individual may be deposed, but does limit the total time [...]
California Rules Regarding Expert Witness Depositions and Interrogatories As described in the following section, both parties to a case must disclose the identity of and other information regarding the expert witnesses they expect to call at trial upon demand by either party. Under Section 2034.410 of the California Code of Civil Procedure, any expert disclosed [...]
New York Rules Regarding Expert Witness Depositions and Interrogatories Under New York Civil Practice Law and Rules (“CPLR”) Section 3101(d)(1)(iii), depositions and interrogatories of experts (or any form of discovery other than that provided for in CPLR Section 3101(d)(1)(i), discussed below) are only available on a showing of special circumstances. A court will generally [...]
Florida Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 1.280(b)(5)(A)(iii) of the Florida Rules of Civil Procedure, any expert expected to provide testimony at trial may be deposed. There is no set time limit for depositions, but Rule 1.310(b)(3) provides that the court may expand or shorten the time allowed for taking a deposition [...]
Attorneys and the expert witnesses they have retained are facing an increasing number of Daubert challenges. While many of these challenges are legitimate, increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court. What [...]