Litigation Support & Expert Witnessing Flashcards

Under the Federal Rules of Civil Procedure, absent a stipulation or court order, how long may a deposition last?

Answer: One day of 7 hours

FRCP 30(d)(1) limits a deposition to one day of 7 hours unless the parties stipulate otherwise or the court orders otherwise.

After being notified that the deposition transcript is available, how long does a deponent have to review it and sign an errata sheet under FRCP 30(e)?

Answer: 30 days

Under FRCP 30(e), the deponent has 30 days after notice that the transcript is available to review it and make changes.

Opposing counsel serves a deposition notice naming a corporation and listing topics, so the corporation must designate witnesses to testify on its behalf. Which rule governs this?

Answer: FRCP 30(b)(6)

FRCP 30(b)(6) requires an organization to designate people to testify on its behalf about the matters listed in the notice.

A party fails to disclose a testifying expert's information as required by Rule 26(a). What is the default sanction under FRCP 37(c)(1)?

Answer: The party may not use that information or witness unless the failure was substantially justified or harmless

Rule 37(c)(1) bars use of undisclosed information or witnesses unless the failure was substantially justified or harmless.

Which deposition tactic by opposing counsel is the forensic accountant most likely to face when counsel tries to show bias?

Answer: Asking about the share of the expert's income that comes from testifying for one side

Questions about how much of an expert's income comes from litigation, and for which side, are a common way to suggest bias.

During a deposition, opposing counsel asks a question the expert does not fully understand. What is the best response?

Answer: Ask counsel to clarify or rephrase the question

An expert should never answer a question they do not understand and should ask for clarification.

After serving the expert report, the forensic accountant finds an error in a key calculation. What does FRCP 26(e) require?

Answer: Timely supplementation or correction of the report and deposition testimony

Rule 26(e) requires a party to supplement or correct expert disclosures in a timely manner when they are incomplete or incorrect.