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"When you depose an adverse expert, always serve a subpoena duces tecum. --- But don't buy a second form." If you already have our Form #EX0805 to make to serve the adverse party's attorney with a Demand for Production of the Files of the Adverse Expert there is no need to buy a second form from us (or from anyone else). You already have the ability to make short work of issuing a subpoena duces tecum to serve on the adverse expert. Read the What, Why, and How, below. Tip: What you need to do. Even if you have served a Request for Production of the adverse expert's files on the adverse party, when you take his/her deposition, serve a subpoena duces tecum for the files on the expert. It is surprising how many times "something extra" turns up. Tip: Why you need to do it. One of the most obvious reasons for the service of a second type of document is that service on the adverse party is not service on the expert. More importantly, the chances are that the expert has accumulated additional file items in the days immediately before deposition (and the other side is in no hurry to ask their expert to give them more items to send on to you under a request for production served on the party). Another frequent happening is the expert brings more to a deposition because of the dignity of a subpoena. So always serve a subpoena duces tecum on the expert. Tip: How to do it. Properly formatted, the body of the request for production of the expert's files that you served earlier will work just fine for the body of the duces tecum. So if you used our Form #0805 Demand for Production of Adverse Expert's Files to produce the demand you served on your adversary, just open it on your computer, copy the body, and paste it into your subpoena to serve on the expert.
All The Best,
P.S. If you do not already have the form, for those of you reading this
litigation tip, LawyerTrialForms is selling the
Form #EX0805 Request for Production of Files
of Adverse Expert until midnight of , for only $17.
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