Vol. 73, No. 3, March 2000

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Sample Daubert Expert Deposition (product liability)

I. Background Information

A. Review of witness's curriculum vitae (CV)

B. Review of witness's qualifications as identified on plaintiffs' answers to written interrogatories

C. Questions relating to formal education and degrees

D. Personal data

E. Professional associations and committees

F. Publication of articles

G. Seminars, speeches, and so on

II. Employment

A. Present employment

1. Type of business (for example, corporation, sole proprietorship, and so on). Does expert work out of a "home office?"

2. Number of professional employees

3. Advertisements

4. Speeches, presentations, and so on, for attorneys

5. Amount of business with:

   a. plaintiff's law firm

   b. other plaintiff law firms

   c. defense attorneys or insurance companies

6. Identify and list cases and type of products with each item identified in item 5

   a. list of cases and products involved

7. Percent of income from outside consulting work for each of the groups identified in number 5

B. Prior employment or consulting work

1. Obtain details of all prior positions, type of work performed, name of supervisors, and so on

III. Other Types of Cases Involving Product in Question

A. For each case, obtain the name of the case caption, name of attorneys involved, where the lawsuit was pending, the alleged defect, the current status of the case, and whether the witness's deposition or trial testimony has been given

IV. Background and Experience with Type of Product Involved

A. Design

1. Details of design and release responsibility and experience

2. Details of actual work performed

3. Name and address of supervisor for each position

B. Operation or use of product

C. Testing of product

D. Research and evaluation of articles concerning product

E. Knowledge concerning manufacturers, designers of competitive products

F. Preparation and publication of any articles, speeches, or similar presentations involving similar products

G. Any other consultations or evaluations concerning similar products

H. Identify source of expert's knowledge about product involved

V. Knowledge and Application of Existing Standards and Guidelines

A. Applicable government standards and regulations

B. Industry standards and guidelines

C. Industry custom and practices

D. Similar products of competitors

E. Expert's involvement with any of the various organizations or committees

F. Expert's involvement or communication with any representatives of defendant

G. Expert's involvement and/or knowledge of persons involved on critical committees or with competitor's products

VI. Is Investigation and Analysis of Experts Complete?

A. Are there any other tests or calculations that the expert recommends?

B. Are there any additional facts or data that are necessary before the expert can provide a final opinion?

C. Are the opinions and conclusions of the expert final?

VII. General Reference Materials and Articles Recognized by Expert as Authoritative

A. Mark and identify exhibits that plaintiffs' expert will recognize and accept

VIII. Retention in Present Case

A. Compliance with subpoena or notice to produce items requested

B. Examination and review of complete files and records and other information contained in file. What information has been removed? Identify and obtain information on any materials claimed to be privileged.

C. Record keeping system and procedures used by expert

D. Purpose of retention

E. Services performed

1. Research or reference materials reviewed by expert

2. Inspection of product/exemplars

3. Testing conclusions

4. Review all allegedly nonprivileged notes, memos, correspondence, telephone conferences, and so on, of expert

5. Review all materials relating to expert's analysis, evaluation, and computations

6. Analysis, evaluation, and computation

F. Amount of time spent on case to date

1. Examination of time records

2. Evaluation of each category of work performed and amount of time spent

G. Identify expert's rates and charges to date

1. Standard fee

   a. Deposit

   b. Other

IX. Summary of Expert's Understanding as to How Accident or Incident Occurred

A. Identify all facts and data relied upon by expert and sources thereof

B. Assumptions

C. Fair and objective consideration given by expert to all factors that the expert has considered important

D. Conclusions and opinions as to how or why accident occurred

X. Questions Relating to the Methodology and Reasoning Process Used by Witness In Reaching His or Her Opinions and Conclusions

A. General questions relating to expert's general beliefs, philosophy, and opinions

B. Assumptions

C. Fair and objective consideration given by expert to all factors that the expert has considered important

D. Conclusions and opinions as to how or why accident occurred

XI. Questions Relating to the Methodology and Reasoning Process Used by Witness in Reaching His or Her Opinions and Conclusions

A. General questions relating to expert's general beliefs, philosophy, and opinions

B. Questions relating to expert's acceptance of general principles relied upon by the defense

C. General acceptance as authoritative or reliable, the articles and other written documents or publications relied upon by the defense

XII. Expert's Opinions on Available Defense

A. Did your analysis include evaluation of the plaintiffs' conduct?

1. If so, what are your opinions and conclusions?

2. What facts and data did you rely upon?

3. Did the plaintiffs' conduct violate any:

   a. government standard or regulation

   b. industry guidelines

   c. industry custom or practice or

   d. employment procedures