Expert Deposition Notice

Below is an example deposition notice in a medical malpractice lawsuit.  We also discuss good practices when noting the deposition of the opposing experts.

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Sample Expert Witness Deposition Notice

JOHN Q. PUBLIC

Plaintiff,

v.

ANY HOSPITAL USA
Defendant.

************

IN THE CIRCUIT COURT FOR BALTIMORE CITY
CASE NO. 00-C-00-000000 MM

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NOTICE OF VIDEOTAPED DEPOSITION OF DON DONALDSON, M.D.

You are hereby notified that Plaintiff, Michael Jones, by and through his attorneys Miller & Zois, LLC, pursuant to the Maryland Rules of Civil Procedure, will take the deposition upon oral examination of the below named person on the date and time and at the location indicated below before a person duly authorized to administer an oath under Maryland law.

The deposition will be recorded via stenographic, audio, and/or videotaped means for the purpose of discovery and/or used as evidence and/or any other purposes permitted by the Maryland Rules of Civil Procedure, including use at trial, and will continue day to day until completed. The Deponent shall bring to the deposition the documents /things listed on “Schedule A” attached hereto.

DEPONENT: Don Donaldson, M.D.
DATE: Wednesday, July 1, 2024
TIME: 1:00 p.m.
LOCATION: Miller & Zois, LLC
1 South Street, Suite 2450
Baltimore, Maryland 21202

“SCHEDULE A”

1. Deponent’s complete file concerning this matter, including, but not limited to, all medical records, office records, notes, correspondences, emails, memoranda, bills, diagrams, documents, test results, and reports relating to the care and treatment of John Q. Public.
2. All documents, deposition testimony, photos, radiographic materials/films videotapes, and slides which the Deponent has reviewed for this case.
3. All documents which the Deponent has reviewed in preparation for the deposition.
4. All documents, including medical texts, treatises, or articles reviewed by the Deponent which relate in any way to the medical issues in this case from the date he/she was first contacted by any attorney to act as an expert witness in this case.
5. All medical texts, treatises, articles, reports, experimental data, or other data relied upon by the Deponent, or any experts, to support his opinion(s) in this case and/or which the Deponent finds to be reasonably reliable for the medical issues involved in this case.
6. A recent copy of Deponent’s Curriculum Vitae.
7. Copies of all demonstrative evidence and exhibits pertaining to the issues in this case and those which are relied upon by the Deponent and which may relied upon by the Deponent for any opinion the Deponent expects to provide in this case.
8. All correspondence, in any format, to and from Deponent and all Defendants and any expert witnesses.
9. Copies of any agreements and/or contracts by and between the Deponent and all other Defendants in this case and the attorney who retained the deponent.
10. A list of cases wherein the Deponent provided deposition testimony or trial testimony in the last four years.
11. Copies of all emails and all other correspondence by and between the Deponent and the Defense attorneys and other parties in this case.
12. A copy of all reports the Deponent authored in this case to include all drafts.
13. Copies of any and documents, including your own bills and invoices, which reflect any payment for medical legal services in this case.
14. Copies of all notes you created pertaining to this case whether created in paper format or on a computer or other electronic device.
15. Copies of the pages of Plaintiff’s expert witnesses’ deposition testimony which contain statements and or opinions which you disagree with.
16. Copies of any medical articles and any other publication which were authored or cop-authored by the Deponent which relate to the medical issues involved in this case.
17. A copy of your bill for expert witness services you have provided to date in this case.
18. A copy of any guidelines and/or rules and/or protocols which are published by any medical professional organization which you believe are reasonable for physicians such as the Defendants in this case to have followed for the medical treatment of John Q. Public.
19. A list of and a copy of every medical article, publication, medical study, which you have read which you claim are supportive of the opinions which you intend to give in this case and supportive of the actions taken by the Defendant.
20. Copies of any and all depositions which you have given in medical malpractice cases in the last five years.

IF ANY OF THE ABOVE REQUESTED MATERIALS ARE ON A DATA DISC, THE DEPONENT IS REQUESTED TO BRING COPIES OF THE DATA DISC WITH HIM/HER TO THE DEPOSITION.

Respectfully submitted,
Miller & Zois, LLC

____________________________

Ronald V. Miller, Jr.
1 South Street, Suite 2450
Baltimore, Maryland 21202
T: (410) 553-6000
F: (844) 712-5151
Attorneys for the Plaintiff

Expert Witness Deposition Notice Tips for Lawyers

Expert witness depositions are a pivotal part of the discovery process, they are often make or break for your case. If the jury buys what their expert is selling, you are likely to lose your case. So you want to get the details of this right.

Crafting an effective expert witness deposition notice is not rocket science, of course, but it requires attention to detail to ensure compliance with legal standards and your state’s procedural rules. Here are some key considerations for drafting a comprehensive and legally sound expert witness deposition notice:

Key Considerations for Expert Witness Deposition Notices

1. Specify Host Technology for Remote Depositions
   • In the post-COVID-19 landscape, remote depositions have become standard practice. Clearly identify the technology platform (e.g., Zoom, WebEx) to be used and provide the contact details of the host technology service in the expert deposition notice. This ensures all parties can address any technical issues promptly, facilitating a smooth deposition process.
2. State Intentions to Videotape
   • If the deposition will be videotaped, make this clear in the notice of expert witness. This notification allows all involved parties to prepare accordingly and ensures the proper arrangements for videotaping are made in advance, complying with jurisdictional rules.  We once failed to notice the deposition as a video deposition and the defendants were all up in arms about it. Did it all work out? Of course. But the hassle of not getting this stuff straight is an unforced error you do not need.
3. Address Defects in Deposition Notices Promptly
   • While minor defects in a deposition notice may not typically derail the process, it is prudent to amend any errors immediately. Correcting the expert witness deposition notice ensures that all parties are working from the same accurate information, again, avoiding unnecessary disputes or delays.
4. Carefully Consider Document Requests
   • Deliberate thoroughly on the documents you require from the expert witness.  It is a great opportunity to get what you want and to focus on what he did not bring in many cases. Specify these in the expert deposition notice to ensure comprehensive preparation. This strategic planning allows for a more effective examination of the expert witness, as you will have access to all pertinent documents and evidence.  If you are shooting for information for financial bias, make sure you are very specific and not over broad in your requests.
   • As opposing counsel to produce the documents a few days before the deposition so you can be prepared to question the witness on it. This way, you are not sifting through documents and formulating follow-up questions on the spot.
5. Include Detailed Information
   • The expert witness notice should provide precise details about the deposition, including date, time, location (or virtual meeting link), and the method of deposition. This clarity helps prevent any confusion and ensures all parties are adequately informed.
6. Coordinate with All Parties
   • This is the “don’t be a jerk” rule. Before finalizing the expert deposition notice, coordinate with all parties to confirm their availability and address potential scheduling conflicts. This proactive approach helps ensure that the deposition can proceed as planned, without unnecessary delays or bad blood.