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

MODERATED-Trauma Inf...

Attorneys hopefully recognize that, like many other professionals, their lives are filled to the bri...

Key 2025 Development...

United States patent law and the United States Patent and Trademark Office’s patent-related gu...

Litigation Series: S...

Part 2 - This program will continue the discussion from Part 1 focusing specifically on cross?examin...

Lawyer Mental Health...

Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, a...

A Lawyer’s Guide T...

‘A Lawyer’s Guide To Mental Fitness’ is a seminar designed to equip professionals ...

Litigation Series: M...

This Shakespeare?inspired program illustrates how Shakespearean technique can enrich courtroom advoc...

Best Behavior: Effec...

This program will address the ethical obligations of Lawyer Advocates representing clients in mediat...

Litigation Series: E...

Evidence Demystified Part 2 covers key concepts in the law of evidence, focusing on witnesses, credi...

Boundaries and Burno...

Boundaries and Burnout: The Hidden Crisis in Law is a 60-minute California MCLE Competence Credit pr...

Litigation Series: M...

This companion program to Part 1 goes deeper into the rhetorical power of Shakespeare, emphasizing h...