Expert witnesses will often be subject to a subpoena which will require that the expert bring certain items with them to their expert witness deposition. Below is an example of an expert witness subpoena duces tecum created by renowned Trial Attorney Michael Watters of O’Brien Watters & Davis, LLP in Santa Rosa, California:

The documents and things to be produced by the witness are described as follows:

1. Your entire file on this case.
2. Your complete time and billing records on this case. Cal. Evid. §722.
3. All written reports on this case prepared by you or at your direction. Cal. Civ. Proc. §2034.410].
4. All “writings” (“Writing” means hand writing, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof). (Cal. Evid. Code §250).   As used in this deposition subpoena attachment, the term “writing” also includes “electronically stored information.” (See CCP §2016.020(e)). “Electronic” means, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities (See CCP §2016.020(d)) prepared by you or at your direction for use in this case, including, but not limited to, charts, schedules, spreadsheets, calculations, diagrams, transparencies, slides, photos, videotapes, posters, blueprints, blow ups, animations and the like.
5. All writings setting forth or describing the nature and scope of your assignment in this case.
6. All writings setting forth or describing any limitation on the nature and scope of your assignment in this case.
7. All written retainer, fee agreements or engagement letters regarding your assignment in this case. Cal. Evid. §722.
8. All writings upon which your opinions and conclusions in this case are based. Cal. Evid. §721.
9. All writings showing or tending to show that you are sufficiently qualified to testify as an expert in this case on the subject(s) to which your testimony relates including those that show your special knowledge, skill, experience, training or education. These would include Curricula Vitae (“C.V.”), resumes, degrees, diplomas, certificates of completion/graduation, licenses, professional memberships, awards and honors, publications and the like. Cal. Evid. §720.
10. All writings prepared by you including, but not limited to, scientific, technical or professional articles, books, texts, treatises, journals or similar publications which have any relevance to the subject(s) to which your testimony relates or your opinions and conclusions in this case. Cal. Evid. §721.
11. All writings including any scientific, technical or professional articles, texts, treatises, journals or similar publications which you read, referred to, considered, or relied upon in arriving at or forming your opinions and conclusions in this case. Cal. Evid. §721.
12. All writings showing the amount of time you personally spent on this case.
13. All writings showing exactly how you spent your time in this case.
14. All writings showing the gross compensation and expenses paid and/or owed to you for your services as an expert witness by the party designating you as an expert witness in this case. Cal. Evid. §722.
15. All writings showing the gross compensation and expenses paid to you and/or owed to you for your services in the past two (2) years as an expert witness or expert consultant in all other cases by the same party or same attorney(s) for the party designating you as an expert witness in this case.
16. All written results of tests, including destructive testing, conducted by you in this case.
17. All writings showing or listing the raw data, including test protocols resulting from any test performed by you or at your direction in this case.
18. All writings analyzing the raw data resulting from any test performed by you or at your direction in this case.
19. All writings setting forth your opinions and conclusions in this case. Cal. Evid. §721.
20. All writings setting forth the opinions and conclusions you will be giving at trial in this case.
21. All drafts of writings setting forth the opinions and conclusions you will be giving at trial in this case. Cal. Evid. §721.
22. All writings setting forth the basis(es) for each of the opinions and conclusions you will be giving at trial in this case. Cal. Evid §721.
23. All writings setting forth the reasons or reasoning for each of the opinions and conclusions you will be giving at trial in this case. Cal Evid. §721.
24. All writings between you and the party who designated you as an expert in this case.
25. All writings between you and the attorney(s) for the party who designated you as an expert in this case.
26. All writings of any and all interviews conducted by you of the party who designated you as an expert in this case.
27. All writings of any and all interviews conducted by you of any and all persons who have, or claim to have, personal knowledge of facts which support the opinions and conclusions you will be giving at the trial of this case.
28. All notes taken or made by you or at your direction regarding this case.
29. All writings between you and anyone other than the foregoing categories of persons relating to your assignment in this case.
30. All writings provided to you by or at the direction of the party or the attorney for the party who retained, hired or designated you as an expert witness in this case.
31. All written reports prepared by other expert(s) upon which you intend to rely and which you will be reading into the record at trial.
32. All writings showing each assumption you made in forming the opinions and conclusions you will be giving at the trial in this case.
33. All writings which show any substantial or significant inconsistencies in the opinions and conclusions you will be giving at the trial in this case.
34. To the extent that you have testified as an expert witness at trial or deposition in a federal case, a copy or copies of the disclosure(s) required of expert witnesses by Federal Rules of Civil Procedure 26(a)(2)(B)(v), which is, “a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition.”
35. All sworn testimony by you as an expert witness, including affidavits or declarations, deposition transcripts or trial transcripts wherein you testified in the last four (4) years.
36. All sworn testimony by you as an expert witness, including affidavits or declarations, deposition transcripts or trial transcripts wherein you testified on the same or similar issues in other similar cases. See CCP §§2002-2005.
37. All sworn testimony by others, including affidavits or declarations, depositions or otherwise which were read, reviewed or relied upon by you, regarding or relating to the subject matter of this case.
38. All writings not otherwise covered by the foregoing numbered items which you believe are important to the opinions and conclusions you will be giving at trial in this case.
39. All writings used by you to refresh your memory with respect to any matter about which you testify. Cal. Evid. §771.