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Re: Depositions II

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Ricardo ---

>From my personal experience and limited understanding:

Question 1:   I have been asked "Is it your opinion....?" and refused to
answer if not designated as an expert.  If the opinion is already in my
report, I read the report wording aloud and merely say "Yes, that's what
my report says, and you can read it for yourself."  Other than obvious
disappointment from the deposing attorney, nothing came of this approach.
 Make no mistake, they WILL make repeated attempts to get "something for
nothing" from you.

Question 2:   In California, you must be paid your usual fees for
deposition testimony as a designated expert.  You may demand to recieve
the money in advance at the deposition.  You may charge on an hourly
rate, but "minimums" such as 1/2 day fees will normally be refused.  I
normally decline the advance if offered, but make certain that the tally
of hours is agreed upon when the end comes. The clock starts when I enter
the place of deposition.   I do not leave without payment.  I charge my
client my normal (non-testimony) fees for travel and expenses.  I have
never been stiffed or shorted.

Russ Nester
rnester(--nospam--at)juno.com
______________________________________________________________
On Thu, 13 Aug 1998 16:27:29 EDT <Ricarev(--nospam--at)aol.com> writes:
>Thank you to all regarding advice on depositions.Certainly,a general 
>reply
>from Mr McGhie,Esq. would be greatly appreciated.
>
>Up to this point,I understand ,there are 2 types of 
>witnesses:percipient and
>expert.The percipient need only testify to facts with no conclusions 
>or
>opinions.He is entitled only to the statutory fee.The expert testifies 
>to fact
>and his opinion.The expert is entitled to reasonable & customary fees.
>
>2 additional related questions are:
>
>1) As a percipient witness,how do you reply to a question such as : Is 
>it your
>opinion,as stated in your report,that ....? Is a yes,no adequate?
>
>2) If subpoened as an expert witness,is it legal to refuse testifying 
>if they
>do not agree to your 1/2 day minimum fee?
>
>Thank you again,
>Ricardo Arevalo SE
>
>
>

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