The Alpha and Omega of Depositions

27 Sep , 2023

To register for the upcoming live webinar, please Click Here

The two presenters, Dennis Suplee and Sam Silver, will deal with 60 questions in 60 minutes, including: 

1.Why should you take a deposition? 

2. Why should you not take a deposition?  

3. “The usual stipulations” – What are they? Should you agree to them? What are the pitfalls if you do agree to them? 

4. Where should you start your interrogation? With questions about the deponent’s education and employment history? Or with questions about the key event at issue in the litigation? How do you decide? 

5. What should you do if opposing counsel gives an improper instruction not to answer? **

6. When can you confer privately with your deponent-client during the deposition? What is the current status of the case law as it has developed since Hall v. Clifton Precision? 

7. How do you as the interrogator deal with comments from opposing counsel that suggest what the answer should be (including “If you know” and “If you remember”)? How do you as the interrogator deal with argumentative comments from opposing counsel? 

8. Rule 30(e) says that the deponent can make “changes of form or substance” to his deposition answers? Can the deponent really change the substance of his deposition testimony after the fact? 

9. In that situation (that is, where the deponent makes substantive changes to his testimony), what are the other side’s options? 

10. Rule 30(b)(6) – Can the other side force you to produce “the most knowledgeable witness” on certain subjects? What should you, as counsel for the deponent, do if he is asked a question beyond the scope of the topics listed in the deposition notice? 

11. Preparing the deponent to testify – Should you prepare him to “just answer the question, nothing more,” or to become a champion for your side of the case? 

12. In what circumstances, should you take a video deposition? How can you make your use of a video deposition more effective at trial? Can you use video deposition snippets in your opening? 

13. And much more. 

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Artificial Intellige...

"Artificial Intelligence and the Practice of Law" (updated through 2026), is a 50-slide primer desig...

New York City’s Pi...

New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...

How to Respond to Sh...

Adverse and derogatory information often has devastating effects on a contractor's ability to win co...

AI Agents Unleashed:...

AI agents — autonomous systems capable of planning, deciding, and acting independently across ...

Preventing Death by ...

Lawyers lose hundreds of billable and operational hours every year to poorly managed meetings. Unfoc...

Mastering the Inner ...

Every trial lawyer has experienced it: the inner critic before opening statements, the surge of ange...

Discovery: Practical...

This program provides a practical roadmap to mastering every stage of the discovery process in civil...

Federal Contractor R...

During this course, you will learn about best practices and strategies for retaining intellectual pr...

The Twelfth Juror: W...

The Twelfth Juror: Lessons on Jury Selection from a Trial Lawyer’s Novel and a Trial Consultan...

The Aftermath of Sca...

The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...