©2025 SEAK. Inc. By James J. Mangraviti, Jr., Esq. Below are a non-exhaustive list of 33 expert witness deposition tactics used by lawyers when deposing expert witnesses. Beginning a deposition with a pointed, challenging question in an attempt to rattle the expert witness. Requesting that the expert witness waive reading and signing of the deposition… read more
By James J. Mangraviti, Jr., Esq. A common way to challenge the credibility of an expert witness in through impeachment with the expert’s prior inconsistent statements. Common sources to impeach an expert witness are the expert’s publications, their prior testimony, and their prior expert witness reports. Below are sample expert witness deposition impeachment questions, where… read more
By James J. Mangraviti, Jr., Esq. Expert witnesses are commonly questioned about their fees and earning from expert witness work. Such questioning can be particularly effective in instances like the below expert witness deposition questions on fees where the witness appears evasive. Example: Expert Witness Deposition Questions on Fees Q: Okay. How much did you… read more
By James J. Mangraviti, Jr., Esq. An expert witness’s opinion can be excluded under FRE 702 if the opinion is not the product of reliable principles and methods; or if the expert’s opinion fails to reflects a reliable application of the principles and methods to the facts of the case. Even if counsel fails to… read more
© 2025 SEAK, Inc. By James J. Mangraviti, Jr., Esq. Deposing an expert witness is critical for both preparing for trial and determining the settlement value of a case. The below is an outline of deposition questions for expert witnesses. Outline of Deposition Questions for Expert Witnesses 1. Expert Witness’ qualifications: a. expert… read more
By James J. Mangraviti, Jr., Esq. An expert witness’s opinions are only as strong as the “facts or data” they are based upon. See Federal Rule of Evidence 702. An excellent way to cross-examine an expert witness is to show that the expert did not consider all relevant facts when forming their opinion. An expert… read more
By James J. Mangraviti, Jr., Esq. During an expert witness deposition, opposing counsel may try to develop information that can be later used at trial to paint the expert as a “hired gun.” One simple way to do this is to elicit the number of states the expert has testified in. Deposition questioning on the… read more
By James J. Mangraviti, Jr., Esq. Lawyers conducting an expert witness deposition will seek to pin down which opinions the deponent expert witness will and will not be offering at trial. The expert witness may try to leave themselves a little bit of wiggle room when answering deposition questions about the opinions they will and… read more
By Homer R. Peterson II, P.E., CSP, CFLC Introduction During construction or renovation of almost any type of structure containing structural steel members, the steel is typically erected using crews containing ironworkers who are skilled in the type of work performed by their crew. This is true whether the structural steel is part of an… read more
According to SEAK’s 2024 Survey of Expert Witness Fees which surveyed over 1,600 expert witnesses: The median hourly fee for file review/preparation for all experts responding is $450/hour. The median hourly fee for depositions for all experts responding is $475/hour. The median hourly fee for testifying in court for all experts responding is $500/hour. 64%… read more
