The Defendants’ Expert Witness was deposed on his annual earnings from providing expert testimony. The expert claimed that information was private information and he refused to answer. A motion to compel followed. Young v. Pleasant Valley Sch. Dist., 2011 U.S. Dist. LEXIS 93151, 1-2 (M.D. Pa. Aug. 18, 2011).
An examining party can seek a court order for additional discovery if a deponent refuses to answer a deposition question. Young, at *3, citing Fed. R. Civ. P. 37(a)(3)(C).
A Court must consider the following factors when considering a motion to compel:
(1) Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense; and
(2) Even if relevant, discovery may be limited by the requirements of proportionality and good faith.
Young, at *3, citing Fed. R. Civ. P. 26(b)(1),(2).
Additionally, the moving party must show the discovery is relevant. Young, at *3. If the discovery is relevant, the opposing party must show why the request should be denied. Id.
The Court explained the expert’s fees had been disclosed, in addition to all the cases the witness had testified in over the past 8 years. Moreover, the witness testified that his work was split 50/50 between plaintiff and defense cases. Young, at *3-4.
The Plaintiffs argued they were attempting to show any witness bias to discredit the expert’s opinion. As the Court explained:
The Court is not satisfied that Plaintiffs have shown that an answer to their question would support a finding of bias. Dr. Dragan’s testimony indicates that unlike some expert witnesses, he does not testify primarily on behalf of one type of litigant. To the contrary, Dr. Dragan testifies equally on behalf of both plaintiffs and defendants. Accordingly, Dr. Dragan would have no economic incentive to show bias toward a defendant or plaintiff in any particular case as he depends upon both plaintiffs and defendants equally to earn this income.
Young, at *4.
The Court also found the questioning on income to be “overkill” without a clear showing of relevance or necessity of the financial information. Young, at *5.
