OF TAKING AND DEFENDING DEPOSITIONS

Transcription

1 Contents PART ONE: THE LAW Chapter One MECHANICS OF TAKING AND DEFENDING DEPOSITIONS 1.1 Whose Deposition May Be Taken? Rule 30(B)(6) Depositions Timing Priority Scheduling of the Deposition Giving Notice of the Deposition Geographic Location of the Deposition Number of Depositions Length of Depositions Compelling the Witness s Attendance Requiring Documents to Be Brought to the Deposition The Deposition Itself PART TWO: TAKING DEPOSITIONS Chapter Two PURPOSES OF TAKING DEPOSITIONS 2.1 Gathering Information Preserving Testimony Facilitating Settlement Chapter Three ADVANTAGES AND DISADVANTAGES OF DEPOSITIONS 3.1 Advantages Disadvantages viii

2 Chapter Four PLANNING AND SCHEDULING DEPOSITIONS 4.1 The Discovery Plan Coordinating Depositions with Other Discovery Coordinating Depositions with Each Other Scheduling the Deposition Duration and Intervals Chapter Five PREPARING TO TAKE THE DEPOSITION 5.1 Your Frame of Mind Creating the Deposition Outline Research the Law Identify All Available Facts Construct Your Theory of the Case Identifying the Opponent s Factual and Legal Theories Generating Questions Organizing the Deposition Outline Using the Outline at the Deposition A Final Word About Preparation Chapter Six BEGINNING THE DEPOSITION 6.1 Stipulations Set-up and Commitments Speculating or Guessing Chapter Seven QUESTIONING TECHNIQUES 7.1 Information-gathering Questioning Exhaustion Eliciting Conversations Listening Recapitulating and Summarizing Gaining Admissions ix

3 Chapter Eight STYLE, ORGANIZATION, AND OTHER MATTERS 8.1 Style Organization: Background of the Witness Getting an Overview The Logical (or Organized) Tour or the Leapfrog Approach Impeachment at Depositions Handling Objections and Instructions Not to Answer The Witching Hour of 4:00 P.M Chapter Nine USING DOCUMENTS 9.1 Using the Documents to Prepare Compelling Production of Documents for Use at Depositions Marking and Handling Documents at the Deposition Laying Foundation for Documents at the Deposition Inquiring about Documents Used to Prepare for the Deposition Requesting Documents Identified During the Deposition Refreshing Recollection Chapter Ten CONCLUDING THE DEPOSITION 10.1 Making Sure You Have It All Arrests and Convictions Completing, Adjourning, Recessing, Terminating, Ending, Continuing the Deposition: How Do You Know If You Are Done When It s Done? x

4 Chapter Eleven OBNOXIOUS OR OBSTRUCTIONIST DEFENDING COUNSEL 11.1 Irritating or Obstructing Behavior The Irritating Opposing Counsel The Obstructing Opposing Counsel Obstructing Behavior That Isn t Chapter Twelve PROTECTIVE ORDERS AND APPLICATIONS TO THE COURT 12.1 Protective Orders Applications to the Court PART THREE: DEFENDING DEPOSITIONS Chapter Thirteen PREPARING THE WITNESS TO BE DEPOSED 13.1 The Wrong Way Burden-Reducing Preparation Making Witness Preparation Stick Addressing Questions About the Preparation Session Answering Questions Explaining the Issues What to Do When Objections Are Made How to Handle Documents in Preparation Practicing Answering Questions Getting Used to Aggressive Cross-Examination Using Videotape to Prepare Final Instructions Conclusion xi

5 Chapter Fourteen DEFENDING THE DEPOSITION 14.1 Supporting and Protecting the Witness Entering Into Stipulations Preserving the Record Conferring with the Witness Stating Objections Instructions Not to Answer Questioning and Clarifying and Correcting Answers Concluding the Deposition Chapter Fifteen REVIEWING, CORRECTING, EDITING, AND SUPPLEMENTING THE TRANSCRIPT 15.1 Reviewing, Correcting, and Editing Supplementing the Deposition PART FOUR: USING DEPOSITIONS Chapter Sixteen USING DEPOSITIONS 16.1 Motions for Summary Judgment Preparing for Trial Seven Ways to Use a Deposition at Trial The Designation Process and Obtaining Rulings on Objections Presentation of Deposition Testimony at Trial. 228 PART FIVE: SPECIAL TYPES OF DEPOSITIONS Chapter Seventeen DEPOSITIONS FOR USE AT TRIAL 17.1 Preparing to Take the Trial Deposition Taking the Trial Deposition Defending the Trial Deposition Using the Deposition at Trial xii

6 Chapter Eighteen VIDEOTAPE DEPOSITIONS 18.1 When to Take a Videotape Deposition Advantages of Videotape Depositions Disadvantages of Videotape Depositions The Law Scheduling the Videotape Deposition Preparing to Take the Videotape Deposition Conducting the Videotape Deposition Preparing to Use the Videotape Deposition at Trial Using the Videotape Deposition at Trial Defending a Videotape Deposition Chapter Nineteen OVERVIEW OF THE EXPERT DEPOSITION 19.1 The Substance of the Opinions The Bases Assumptions the Expert Made Other Experts Things Left to Be Done Things Not Done Evaluation of Own Expert Qualifications A Final Thought Afterword Appendix SELECTED RULES, FEDERAL RULES OF CIVIL PROCEDURE Index xiii