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Re: Depositions

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If you are not designated as an expert witness, your testimony can (and
should) be limited to "what did you do" and "what did you witness".  When
a question requires an "expert opinion", you may decline, stating that
you "have not been designated as an expert in this matter".  The opposing
councel may try several times to get you to answer to technical matters,
but you are on solid grounds to decline.  There is a grey area in that
he/she may reasonably expect you to explain  "what you did" to prepare
your report.  It is your conclusions (expert opinions) which are out of

 I always make an issue about it, including sending a standard rate sheet
and requesting a written clarification upon receipt of the subpeona.  The
statutory fee is all that is owed you as a percipient witness for
depositions.  I always request parking validation.  I also try to
schedule at my convenience and at a location most suitable to me, and do
not permit the attorneys a lunch break.  At least they may  be induced to
be brief.

Having said all that, be advised that I am not an attorney, and I
strongly suggest you have representation present.  Ask these same
questions of your councel.

Russ Nester
On Wed, 12 Aug 1998 14:15:03 EDT <Ricarev(--nospam--at)> writes:
>I have been subpoenaed ,by the defendant,in a civil case as a 
>witness (not an expert) in a lawsuit of an individual (plaintiff) vs 
>insurance company (defendant).I assume our testimony will be in regard 
>to a
>structural report we wrote for the plaintiff regarding their 
>questions ,to those with similar experience,are:
>1) What is the distinction in our testimony as a precipient witness vs 
>as an
>2) A $45 check was included with the subpoena as a statutory fee.This 
>covers the cost of parking & travel.Can we demand additional 
>Thank you beforehand,
>Sincerely , R Arevalo

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