How Do I: Cross-Examine an Expert

 When cross-examining an expert in deposition, get him to agree with basic assumptions, principles and facts that are generally accepted by others in that expert's field.  Search out federal regulations, national and industry standards, generally recognized studies and reports, peer-reviewed articles and related publications and pull from them statements with which any reasonable expert should agree.  

Confront the expert with the statement and ask him if he agrees.  If he agrees, then you have secured an admission which may serve you well later in deposition and at trial.  If the expert does not agree, he will show himself to be unreasonable.  The more he disagrees with generally accepted statements, the more credibility he loses.  

An important part of any expert deposition is to confront the expert with questions where if he agrees with you, you win, and if disagrees with you, you win.  Find sources that provide you ready-made questions that will pin down an expert and pin down his opinions.  Once you've secured the admissions you're looking for, you can use them later in the deposition to limit or undermine his opinions.

Read more on Frank Ramos' blog, Tips for Young Lawyers. Francisco "Frank" Ramos, Jr. is the administrative partner at Clarke Silverglate in Miami, Florida, where he practices in the areas of products liability, employment, commercial litigation, medical malpractice, class actions and general liability.

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