So you’ve just learned that your opponent has designated as a testifying expert one of the leading economists in the nation. It’s your job to prepare and take her testimony. If you’re in federal court and have her expert report, do you need to do more than read the report and ask about her assumptions and background? How difficult can it be?
If you’ve ever tried to cross-examine a good expert at trial, especially an economist or accountant, you most certainly know the devastating harm an opposing expert can wreak on your case, especially if you lack a robust deposition. While some old-school litigators still espouse a minimalist approach to expert discovery to avoid giving away your best cross-examination before trial the wiser course in most instances will be a comprehensive deposition. Expert witnesses present both tremendous opportunities and nasty pitfalls for the underprepared.
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