Agreement of counsel or court approval is usually necessary before the expert may be deposed.

Depositions may be taken either for discovery or in lieu of testimony in court because the expert witness is beyond the jurisdictional limits of the court's subpoena power.

Obtaining prior court approval for the expert's presence at deposition is a reasonable precaution. In some jurisdictions, such matters would be referred to local counsel, who would then determine whether the expert should attend the deposition.

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