New York Law (NYLE) Practice Exam

What legal action must be agreed upon by all parties in a civil lawsuit regarding depositions of experts?

1. Subpoena for records

2. Deposition of opposing party's expert

3. Filing of motions for summary judgment

4. Provisional remedies

The correct answer is: Deposition of opposing party's expert

In the context of a civil lawsuit, the agreement among all parties on the deposition of experts is a crucial part of the discovery process. When parties engage in litigation, they have the right to gather evidence, which includes taking depositions of experts who may provide testimony or opinions pertinent to the case. The deposition of the opposing party's expert generally requires agreement for several reasons. First, it ensures that all parties have a fair opportunity to prepare their cases and to understand the basis of the opposing party's expert's testimony. This fosters a level playing field and adherence to due process. Second, there are rules concerning the notice and procedures for depositions that all parties must follow, necessitating coordination and agreement to avoid disputes. In contrast, the other options do not require mutual agreement from all parties in the same way: - Subpoenas for records primarily involve the party issuing the subpoena and do not need agreement from all parties involved. - The filing of motions for summary judgment is a unilateral action that a party can take based on their assessment of the evidence, and does not necessitate agreement from the opposing side. - Provisional remedies, such as injunctions or attachments, are often sought by a single party and also do not require consensus among all