Description
Master the fundamental concepts in taking and defending effective depositions.
Youre at trial, and your witness is on the stand. They have been deposed more than once. Before the litigation, they had never been deposed and never been in litigation. You can see the trepidation in their eyes as they are in a remote deposition and are on camera, looking at exhibits with which they appear to be unfamiliar. At trial, opposing counsel asks the witness a specific question, and the witness answers No. Then you hear the question, Id like to refer you to the deposition I took last year. And your clients answer is the opposite of their deposition testimony. What could have been done to prevent this from happening? Hindsight is always 2020, but in depositions, it is one of the most vulnerable areas for impeaching witnesses. So getting a jump on your trial strategy and preparing for or defending a witness, whether lay, expert, or company representative, could be the key to winning or losing a case. This topic is critical for the practical, technical, and ethical considerations of taking and defending depositions.
Date: 2023-08-14 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
Applicable Rules of Civil Procedure
• Notice
• Limitations
• Protective Orders
• Overview of Rules 27, 30, 31, FRCP, and Rule 15, FRCrimP
• Sanctions for Deposition Misconduct
Types of Depositions
• Fact Witnesses
• Corporate Representatives
• Expert Witnesses
Preparing to Take the Deposition
• Types of Outlines and Objectives
• Using the Correct Question Structure and Formulating Effective Questions
• Preparation for Unexpected, Evasive, and Incomplete Answers
• Anticipating Problem Witnesses
• Remote Depositions and How They May Impact Trial
Preparing Your Witness
• The Ethics of Preparing the Witness and Pre-Deposition Meetings
• Protecting the Witness During Depos, Including Proper Objections
• Consistency Is Key
• Instruction to Witness Not to Answer
• The Importance of Read and Sign and How This Could Impact Your Trial
The Expert Witness Depos
• Taking Them
• Defending Them
• Search for Information About Your Experts and the Opposing Partys Experts
• Rules of Evidence Regarding Disclosure by Expert
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Dennis I. Wilenchik, Esq.-Wilenchik & Bartness, P.C.
