U.S. flag

An official website of the United States government, Department of Justice.

Law 101: Legal Guide for the Forensic Expert

Review of Discovery Items Before Deposition and Trial

Photo of a courtroom. Caption says, 'Review of Discovery Items Before Deposition and Trial'
National Institute of Justice (NIJ) (see reuse policy).

The expert should review discovery items before trial or hearing, particularly in the event that the trial or hearing occurs without an opportunity to first confer with the retaining attorney.

In civil cases, the expert has most likely been provided with copies of interrogatories that he helped answer or draft. The expert should review them before trial. He should also review tests, examinations and pretrial preparation that were the subject of a formal discovery response.

The expert should take sufficient time to review the transcript of his deposition (if one was taken) and the depositions of any concurring and/or contravening experts. All of these documents should be studied by the expert to identify both strong and weak points. This preparation will help the expert anticipate cross-examination at trial.

Back Forward