Page 36 - Expert Witness

Phase Activity Phase or Activity Description Practitioner’s Potential Services
Discovery Discovery is the exchange of infor-
mation and knowledge between the  Case strategy (consulting only)
parties after the case has been filed in
order to assemble evidence for the trial.
Interrogatories These are written questions prepared
and submitted to an opposing party,  Assistance with questions for
which require written answers under interrogatories
oath.
 Assistance with responses to
interrogatories

Requests for admis- These are formal written requests for
sions an opposing party to agree to, or admit  Settlement assistance
the accuracy of, undisputed facts.

Stipulations These are voluntary agreements be-
tween opposing parties about any mat-  Settlement assistance
ter relevant to the dispute

Requests for produc- These are requests to have an opposing
tion of documents party produce, or make available for  Drafting production requests
inspection and duplication, certain spe- and responses
cifically identified materials believed to
be potentially relevant to the dispute.
The materials may be hard copies of  Document, data, and evidence
electronically stored information. identification, recovery analy-
sis, and management

Written sworn state- A sworn statement, or an affidavit, is a
ments (affidavits) and written and signed out-of-court state-  Expert witness affidavit
declarations ment or account given under oath. A
declaration is a signed and written out-
of-court statement.  Rebuttal of opposing expert af-
fidavit

 Analysis of case documents

 Damages quantification

 Expert report

 Analysis and rebuttal of oppos-
ing expert report

Expert reports Written reports prepared by the practi-
tioner, or other experts based on the  Expert report
report requirement, such as under Rule
26, "Duty to Disclose; General Provi-
sions Governing Discovery," of the  Analysis and rebuttal of oppos-
Federal Rules of Civil Procedure for a ing expert report
federal case.
Depositions Out-of-court oral testimony given by a
witness or expert under oath and re-  Deposition assistance
duced to writing, usually by a certified
court reporter.
 Expert witness deposition tes-

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