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The expert becomes involved in formal discovery in three ways:
- The expert may help generate questions for the opposition in deposition and cross-examination.
- The expert may advise in response to the opposition's questions.
- The expert may be the person responding to written and verbal questions before the trial.
To assist or participate in formal discovery in a meaningful way, the expert must be:
- Professionally and technically competent.
- Conversant with current literature, practice and procedure in his area of expertise.
- Familiar with the evidence in the case.
- Close to reaching a preliminary opinion.
- Well-schooled in the art of brevity.
- Informed about ethical guidelines that attend the discovery process.
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