First of all, I would strongly suggest that your deposition be scheduled after service of your opponent’s answers to your expert witness interrogatories and Request for Production which will include their expert’s C.V. and report, should one have been prepared…

 

Many attorneys, start by asking questions concerning the expert’s qualifications. My question is…why? 

 

The expert’s C.V. is already in your possession. You already know their credentials and most likely, the expert will be qualified to testify.  If you see an opening in that area, you can always ask the court to let you voir dire the witness before the court qualifies the witness to testify as an expert. 

 

More importantly, why would you help your opponent? Keep in mind, that if the expert is not asked about his qualifications, the deposition cannot be read (or video shown) to the trier of fact, should the expert not be available to testify at trial.  Stranger things have happened.  

 

I would also suggest that if the expert gives you favorable testimony, particularly if they are not your opponent’s hired gun, such as a treating physician, you can qualify them at the end of the deposition if you choose to do so.