New York Law (NYLE) Practice Exam

In a civil action, under what condition is the deposition of an opposing party's expert permitted?

1. Only with the consent of the court

2. Only upon agreement of all parties

3. Only if a summons has been issued

4. Only if the expert is a witness for one party

The correct answer is: Only upon agreement of all parties

In a civil action, the deposition of an opposing party’s expert is permitted only upon agreement of all parties involved in the litigation. This principle stems from the understanding that expert witnesses are retained for their specialized knowledge and opinions, and their depositions can significantly impact the preparation and strategies of both sides. The requirement for agreement ensures that all parties have a fair opportunity to prepare and respond to the expert’s testimony. It also helps streamline the process, reducing unnecessary delays or disputes that may arise from unilateral attempts to depose an expert. This means that before proceeding with the deposition, both parties must come to a mutual understanding regarding the timing, manner, and logistics of the deposition. In contrast, the other options suggest conditions that do not align with the typical procedural rules governing expert depositions. For instance, requiring court consent or a summons would introduce additional complexity into what is meant to be a cooperative process between the parties.