Financial Expert Witness Communication: A Practical Guide to Reporting and Testimony

CHAPTER 14 Financial Expert Witness Deposition Testimony

DEPOSITION TESTIMONY

Let’s set the stage. The financial expert witness arrives early to the deposition location accompanied by client legal counsel, or perhaps you meet legal counsel there. Typically, the deposition is scheduled to take place in the office of the deposing legal counsel. You walk into the conference room designated for the deposition, noting the court reporter setting up recording and transcription equipment, and if there is a videographer, a backdrop screen is set up opposite the video and audio equipment. The financial expert witness seating is arranged around a table alongside the court reporter. Client legal counsel seating is next to the financial expert witness on the same side of the table as the financial expert witness. Directly opposite from the financial expert witness is the seating for deposing legal counsel and others invited by deposing counsel.

In some situations, deposing counsel may be accompanied by her client and an opposing expert witness. The opposing expert witness is in attendance to assist deposing legal counsel with questioning and the interpretation of technical answers. It is common for an attending opposing expert to take notes and pass them to deposing counsel during the deposition to suggest follow-up questions immediately relevant to the financial expert witness’s testimony. ...