by Daniel P. Dain

Proven Deposition Tactics and Questions

This compact, step-by-step guide covers every aspect of the all-important deposition phase of a case: preparation; procedure before, during and after; examination techniques; objections; defense; depositions at trial; videos and computers; rule updates and much more. Now, How to Prepare for, Take and Use a Deposition can provide greater assistance with the challenges of your next deposition:

Pin down evasive witnesses
Deal with the forgetful witness
Control disruptive attorneys
Block coaching
Respond to assertions of attorney-client privilege
Prepare problem witnesses for their depositions
Object to improper questions
Deal with tricky examiners
Examine experts
Summarize and review depositions
Use depositions at trial

This tacticians guide is loaded with proven strategies, illustrative questions, response alternatives, and scenario-specific outlines. The following techniques are just a few examples of the practical advice that How to Prepare for, Take and Use a Deposition has to offer:

Taking the deposition

The art of pinning down a witness' testimony, including the two most useful words in an examiner's arsenal. §613
How to turn long narrative answers into useful testimony. §614
How to handle evasive and argumentative witnesses. §615.1
Tactics for dealing with the forgetful witness. §615.2
Handling objections, including comments on your questions. §631
Dealing with instructions not to answer the question. §§633, 741
Controlling disruptive attorneys. §634
What to do when attorney-client privilege is asserted. §§636, 761
Dealing with coaching. §637
Responding to claims of work product privilege. §§638, 762

Defending

How to block examiners who, by scheduling a deposition for less than the anticipated time, like to review the transcript and then re-examine a witness … in essence deposing the witness twice. §421
Considering which areas of the examination may invade privileged knowledge. §423
Representing a client who will not follow the rules (§438) or is untrustworthy (§438.2).
Hints for helping your witness with leading questions, summary testimony, approximations, assumptions, speculation, and more. §440
Dealing with examiners who badger, withhold documents, or provide inaccurate instructions. §440
Defending the deposition of an uncooperative witness. §455
Four techniques for closing a deposition when your adversary tries to leave it open. §554

Deposing expert witnesses

The 8 goals of all expert depositions. §600A
"Many attorneys are unaware of the limited scope of privilege, if any, that applies to discussions he has with and documents he gives to his expert witness." Inquire into all documents and discussions. §622A
"Too many attorneys waste time asking numerous questions about the expert's general background or unrelated activities and not enough questions about the expert's specific qualifications on the subject matter involved." How to do it. §631A
"The expert's understanding of the case should be developed from his independent review of the facts, but you will often be surprised to hear that the expert is relying on what the opposing party or his attorney told him." 13 areas to explore. §633A
The best way for plaintiff's attorneys to disarm opposing experts. §637A
Form deposition outlines for experts. §641A

Also included with the book is a CD-ROM that includes searchable full-text of the book and scores of sample motions to use with your preferred word processing program.

Updated annually. ISBN 0-938065-49-1 Book price: $99.00

Reviews

"This book is a timely addition to any lawyer’s library because it substantively covers virtually all aspects of depositions. ... All 11 chapters are replete with examples of the catastrophic injury cases and moderate-to-low injury cases that constitute an important part of a trial lawyer’s practice. ... The authors have provided a valuable text not only for experienced attorneys and new practitioners but also for legal assistants who will find the explanations of procedures easy to understand and easy to follow."

Excerpted from TRIAL Magazine, July, 1995.

"This new book helps relieve the dread, anxiety, boredom or trepidation of taking depositions. For young lawyers, it can help sharpen fundamental skills and take him or her to the journeyman level. For the experienced lawyer, it can serve as an effective review of skills and help with infrequently encountered, but critical, problems. A loose-leaf binder, it is one of the most readable, straight-forward and practical books that you will find."

Excerpted from Lawyers Weekly USA, November 18, 1996.

"How to Prepare for, Take and Use a Deposition is an excellent starting point which clearly discusses the basics of depositions including rules and strategy."

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