0 Comments Published on March 22nd, 2014 by Thomas Allen
The stakes are high in your depositions. A successful deposition can mean the difference between winning or losing a summary judgment motion.
It can also make or break your theory of the case at trial. Your client spends thousands of dollars for you to prepare for and take depositions, so you need to get the most out of each deposition.
Deposition Academy is here to help. It’s a series of lessons to improve your skills, so you can dramatically improve your depositions.
To have a successful deposition you must remain aware that the transcript is the product of the work you put into your depositions. Your deposition is useless if your transcript is not clear. This video reviews some of the common mistakes that lawyers make in depositions that make the transcript unusable. The video concludes with methods to avoid making those mistakes.
Sometimes less is more. This video discusses how to take advantage of social norms that make people uncomfortable during an awkward silence. Use silence to get the witness to keep talking and volunteer additional information. We also discuss techniques on how to make your silence more poignant and thereby make the deponent uncomfortable. Sometime a 10 second pause can provide you information you otherwise may not have gotten.
If you’ve take enough depositions then you’ll eventually run across the witness who insists on reading every word of exhibit you put in front of them before they agree to answer a single question about the exhibit. Unless opposing counsel agrees to a two-week deposition (they won’t) and your client is willing to pay $100,000 for a single deposition (it won’t) then you have to find a way to move the deposition along. This video covers some of the best tactics to handle this situation and get your deposition back on track.
- How to handle a witness that does not recall anything
- Using depositions at trial
- Neat tricks when deposing a Corporate Designee 30(b)(6) witness
- Deposition strategy: test theories
- How to trap a witness when you have caught them lying (and you can prove it)
- Deposition strategy: close off avenues of escape
- Deposing a witness about their discovery (document) production
- Deposition strategy: advanced
- Witness prep: procedural and ethical considerations
- Dealing with court-mandated time constraints
- Defending the deposition
- Video deposition considerations
- Deposition preparation
- What to know when dealing with court reporters
- Dealing with problem counsel
- What to consider when doing remote depositions
- Dealing with problem witness
- Proper deposition objectives
- Considerations for expert witness
- State by state differences
- Taking the deposition
- Verbal and nonverbal Communication tips
- Taking the deposition: gaining admissions (ask leading questions)
- How to tell if the witness is lying
- Seeking evidence for impeachment
- Technologies in the deposition
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