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:
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Pin down evasive witnesses
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Deal with the forgetful witness
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Control disruptive attorneys
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Block coaching
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Respond to assertions of attorney-client privilege
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Prepare problem witnesses for their depositions
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Object to improper questions
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Deal with tricky examiners
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Examine experts
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Summarize and review depositions
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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
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The art of pinning down
a witness' testimony, including the two most useful words in an
examiner's arsenal. §613
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How to turn long
narrative answers into useful testimony. §614
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How to handle evasive
and argumentative witnesses. §615.1
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Tactics for dealing with
the forgetful witness. §615.2
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Handling objections,
including comments on your questions. §631
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Dealing with
instructions not to answer the question. §§633, 741
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Controlling disruptive
attorneys. §634
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What to do when
attorney-client privilege is asserted. §§636, 761
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Dealing with coaching.
§637
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Responding to claims of
work product privilege. §§638, 762
Defending
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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
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Considering which areas
of the examination may invade privileged knowledge. §423
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Representing a client
who will not follow the rules (§438) or is untrustworthy (§438.2).
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Hints for helping your
witness with leading questions, summary testimony, approximations,
assumptions, speculation, and more. §440
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Dealing with examiners
who badger, withhold documents, or provide inaccurate instructions. §440
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Defending the deposition
of an uncooperative witness. §455
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Four techniques for
closing a deposition when your adversary tries to leave it open. §554
Deposing expert witnesses
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The 8 goals of all
expert depositions. §600A
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"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
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"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
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The best way for
plaintiff's attorneys to disarm opposing experts. §637A
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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
B7 |
| 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."
J. Holland, Mechanicsburg, PA |
