©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.

1. Beginning a deposition with a pointed, challenging question in an attempt to rattle the expert witness.
2. Requesting that the expert witness waive reading and signing of the deposition transcript.
3. Making the deposition physically uncomfortable for the expert witness (temperature, chair, stuffy room, no hydration, etc.).
4. Conducting a lengthy deposition in an attempt to wear the expert witness down.
5. Questioning on notes taken by the expert witness while at the deposition.
6. Jumping to different topics to keep the expert witness off balance.
7. Asking about the notes the expert witness took/created in the case.
8. Asking if anything has been removed from the expert’s file.
9. Intimidating the expert witness with a professional but unfriendly demeanor.
10. Asking about conversations the expert witness had with retaining counsel during a break.
11. Trying to get an answer that contradicts the expert witness’s report or disclosures or the interrogatories in the case.
12. Trying to lock down the expert witness on how critical a factual assumption is.
13. Questioning the expert on documents the expert has not previously reviewed.
14. Attempting to get the expert witness to unwittingly attest to the authenticity of a document.
15. Asking about key names and dates.
16. Trying to get the expert witness to lose her cool.
17. Asking unintelligible questions in an effort to get the expert witness to volunteer information.
18. Remaining silent after the expert finishes answering a question to try to elicit more information.
19. Getting the expert witness in a rhythm.
20. Asking the expert witness long and convoluted questions.
21. Asking “catchall” questions to limit future testimony.
22. Using the expert’s own office against her.
23. Bringing the opposing party to the deposition in an attempt to intimidate the deponent.
24. Asking if the expert has anything else to add.
25. Playing the “wide-eyed student” in an effort to get the expert talking.
26. Using hypothetical questions designed to turn the expert against their retaining counsel’s case.
27. Trying to get the expert thrown off the case- eliciting information to set the expert up for a motion to exclude.
28. Questioning “magic word” legal standards.
29. Scheduling a deposition over multiple days to get the expert to contradict herself.
30. Getting the expert to criticize co-defendants.
31. Mischaracterizing the expert’s testimony or opinion.
32. Getting the expert to agree that a text, journal etc. is “authoritative.”
33. Asking if the expert turned in a colleague she was critical of for professional discipline. 

James J. Mangraviti, Jr., Esq., has trained thousands of expert witnesses through seminars, conferences, corporate training, training for professional societies, and training for governmental agencies including the FBI, IRS, SEC, NYPD, Secret Service, and Department of Defense.  He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert witnesses for upcoming testimony.  Mr. Mangraviti assists expert witnesses one-on-one with report writing, mentoring, and practice development.  He is a former litigator who currently serves as Principal of the expert witness training company SEAK, Inc. (www.testifyingtraining.com).  Mr. Mangraviti received his BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School.  Mr. Mangraviti has designed dozens of expert witness training programs and has personally taught experts in a group setting over 250 times since 1997. He is the co-author of thirty books.