| name | expert-deposition |
| title | Expert Witness Deposition |
| description | Guides taking or defending U.S. expert witness depositions with Daubert/Frye methodology testing, Rule 26(a)(2) compliance, and Rule 702/703 foundations. Use when building expert deposition outlines, preparing Daubert challenge records, defending expert prep sessions, reviewing expert reports for admissibility, or creating expert testimony lock-in strategies. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/expert-deposition |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
Expert Witness Deposition
Builds a motion-ready expert deposition record or defense-prep plan targeting Daubert/Frye admissibility. Covers qualification limits, methodology attacks, bias/compensation exposure, and opinion lock-in.
Prerequisites
- Venue admissibility standard (Daubert, Frye, or state hybrid) and local expert disclosure rules
- Rule 26(a)(2) expert report(s) and disclosure materials
- Expert CV, publications, and prior testimony list
- Case facts and key documents (reviewed and not reviewed by expert)
- Alternative theories, critiques, or rebuttal materials
Quick Start
Begin every expert deposition task with an intake snapshot:
| Field | Detail |
|---|
| Jurisdiction | Federal/State, Daubert/Frye, local rules |
| Expert | Name, field, retention side, role |
| Opinions | Enumerated list from report |
| Methodology | Methods, standards, tools, testing |
| Materials | Documents reviewed, gaps, assumed facts |
| Bias | Compensation, retention history, firm ties |
Then choose the appropriate workflow: Taking (Deliverable A) or Defending (Deliverable B).
Deliverable A: Taking Expert Deposition
Outline Structure
I. Qualifications and Boundaries
II. Engagement, Scope, and Compensation
III. Materials Reviewed and Assumptions
IV. Methodology and Reliability
V. Each Opinion (state, basis, certainty)
VI. Application to Case Facts
VII. Prior Testimony and Publications
VIII.Lock-In and Completeness
Question Bank
| Topic | Objective | Key Lines |
|---|
| Qualifications | Define limits | "Expertise is X, not Y?" / "How recent is hands-on work?" |
| Engagement/Bias | Expose incentives | "Rate?" / "Percent income from litigation?" / "Prior exclusions?" |
| Materials | Show gaps | "What did you review?" / "Did you see [critical doc]?" / "Independent investigation?" |
| Methodology | Build Daubert record | "Tested? Peer-reviewed? Error rate?" / "Governing standards?" / "Alternatives considered?" |