Expert Witness Deposition

Preparation

Before a deposition Preston re-reviews the full production, his report and file, the venue’s policies and training materials, the key video segments, and any opposing expert report. He prepares with retaining counsel on the scope of his opinions, the documents behind each one, and the areas opposing counsel is likely to test.

On the record

Preston answers directly, stays within his opinions and the records that support them, and does not speculate. When asked about blood-alcohol levels, medical causation, or legal standards, he says those are outside his expertise. When the records do not support a proposition, he says so, whichever side asked the question. Counsel who have deposed him will find the same answers at trial.

Logistics

He appears in person or by video, in any state, and travels for depositions when counsel prefer. Deposition and trial dates should be shared at the conflict-check stage so scheduling is settled early.

Testimony history

His prior testimony list gives the court, retaining counsel, party, and date for each of his 20 deposition and trial appearances since 2021.

Questions counsel ask

What should counsel send before the deposition?

Anything produced since the report, the opposing expert’s report, and the transcripts of any staff or witness depositions taken after Preston’s report was written.

Does he testify by video?

Yes, where the parties and court permit. He also travels for in-person depositions.

How does he handle questions outside his scope?

By saying so. Toxicology, medical, engineering, and legal questions are outside his expertise and he does not guess at them.