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The Deposition Tutorial: Questions, Answers, Tactics, Demonstrations

The Deposition Tutorial: Questions, Answers, Tactics, Demonstrations
Author: Anthony J. Bocchino
Publisher: Aspen Publishing
Total Pages: 314
Release: 2019-02-17
Genre: Law
ISBN: 160156791X

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We live in an era when most litigation parties never see the inside of a courtroom. Cases are resolved by motion practice, by informal settlement, or by formal procedures such as arbitration and mediation. Rarely does an attorney get to say, “Ladies and gentlemen of the jury . . . .” Does this change render deposition practice obsolete? Quite the opposite—depositions are more important than ever. Instead of a battle between attorneys who are trying to hide their evidence for trial, depositions are the place to put your best case forward, establish your case theories, explore the strengths and weaknesses of your case, and prepare your disposition strategy, be it a motion for summary judgment, a settlement offer, or mediation. Taking effective depositions in this changed environment involves a new paradigm, a whole new way of thinking about the discovery process. This book will guide you through that process, from interviewing and preparing your client through theory building and expert testimony. It also deals with concrete issues like creating a clean, understandable deposition record that will benefit your case throughout the litigation process. With its Q&A format and its many examples, The Deposition Tutorial will become the book you want on your desk for quick reference.


Effective Deposition

Effective Deposition
Author: David M. Malone
Publisher: Ntl Inst for Trial Advocacy
Total Pages: 450
Release: 2007
Genre: Law
ISBN: 9781601560476

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The Effective Deposition

The Effective Deposition
Author: Carl W. Chamberlin
Publisher: Aspen Publishing
Total Pages: 622
Release: 2023-12-06
Genre: Law
ISBN: 1601569750

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In an era when most cases settle before trial, taking depositions is a crucial skill that every attorney must master. The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. Now in its sixth edition, The Effective Deposition is completely rewritten to reflect the latest deposition strategies, technological advances, changes in the laws of evidence and procedure, and the evolving nature of deposition-taking itself. This updated classic is a must for students and practitioners alike. New to the Sixth Edition: Remote depositions: advantages and disadvantages; a protocol for using them; tips for preparing, taking, and defending them; and the emerging law Options for integrating the latest technology before and during the deposition Latest legal trends and updates to the Federal Rules of Civil Procedure and Federal Rules of Evidence End-of-chapter checklists summarizing the essential techniques and strategies of the chapter New chapter on dealing with common witness behaviors (forgetful, know-nothing, evasive, vague, lying, or combative witnesses) New chapter on preliminary matters to cover with the witness Streamlined approach and options for using the Funnel Method to obtain information from the witness Updated examples of deposition questions that implement the techniques and skills Succinct discussion of ethics and privilege in witness preparation Professors and students will benefit from: Step-by-step coverage of the deposition process, including case analysis, substantive preparation and logistics, taking and defending the deposition, and using the deposition testimony in motions or at trial Coverage of deposition basics for those who have taken few if any depositions, as well as advanced techniques and strategy options Examples of questions that illustrate the skills and techniques of each chapter Checklists that summarize the key points of the chapters dealing with skills and strategy Access to videos demonstrating the most critical techniques and skills The Funnel Method and other techniques for obtaining information in a deposition The “one-concept, three rules” approach to witness preparation Latest laws and practices for post-pandemic depositions Real-world application of the legal rules in using exhibits, evidentiary foundations, objections and instructions, and dealing with opposing counsel Extended coverage of Rule 30(b)(6), expert witnesses, and video and remote depositions


Effective Deposition

Effective Deposition
Author: Peter T. Hoffman
Publisher: Aspen Publishing
Total Pages: 690
Release: 2018-10-05
Genre: Law
ISBN: 1601567758

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The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. In this updated fifth edition, Peter Hoffman carries on the tradition he and his co-author, the late David Malone, established of using their expertise as attorneys and educators to bring you critical information and insight. Hoffman explains new discovery rules in evidence and civil procedure, and discusses the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. This edition cites to the Federal Rules of Civil Procedure, as amended to December 2017. Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals. Be prepared for it all with The Effective Deposition.


Deposition Evidence

Deposition Evidence
Author: Anthony J. Bocchino
Publisher:
Total Pages: 208
Release: 2005
Genre: Depositions
ISBN: 9781556819582

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The Effective Deposition

The Effective Deposition
Author: David M. Malone
Publisher: Aspen Publishing
Total Pages: 602
Release: 2018-10-05
Genre: Law
ISBN: 160156774X

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"[This book] explains new discovery rules in evidence and civil procedure, and discusses the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. This edition cites to the Federal Rules of Civil Procedure, as amended to December 2017. Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals."--


The Deposition Handbook

The Deposition Handbook
Author: Dennis R. Suplee
Publisher: Aspen Publishers
Total Pages: 0
Release: 2011
Genre: Depositions
ISBN: 9781454807988

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Depositions are playing a more critical role in the litigation process. Make sure you have considered various tactics, strategies and potential problems when going into your next deposition. Tap into the vast experience of expert litigators with the Deposition Handbook, Fifth Edition, and gain valuable insights and skills including: Practical advice covering every stage of a deposition Techniques for eliciting information and effective questioning Video deposition guidelines Proven strategies, procedures, and case studies Rules governing conduct Sample questions And much more The Deposition Handbook delivers on being a truly user-friendly and concise guide offering expert advice on the strategies, tactics, and mechanics needed to handle depositions successfully. Get specific examples and scenarios covering: Whether counsel may interview an adverse party's current or former employees (§ 2.04) Private conferences between the deponent and counsel during the course of the deposition (§ 11.02) The pros and cons of "the usual stipulations" (§ 10.05 Questioning techniques including: Jumping from the specific to the general (§ 9.07) Posing the either-answer question (§ 9.08) Written from a litigator's perspective, it delivers insights into how to make sure the witness becomes a champion for your side of the case. Find out how to effectively prepare the witness to testify most effectively and what factors to consider in deciding whether to prepare the witness to do more than just answer the question. It is a must-read for every young trial attorney or a great refresher to even the most experienced litigator. Add the Deposition Handbook to your bookshelf today!


Deposition Practice Handbook

Deposition Practice Handbook
Author: L. J. Chris Martiniak
Publisher: Aspen Publishers
Total Pages: 324
Release: 1995
Genre: Law
ISBN:

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This practical handbook explains when, why and how to use particular strategies, tactics, organizational approaches, methods, and techniques in taking and defending depositions. Packed with 'trade secrets' that one-up the opposition, Deposition Practice Handbook shows you: How to pin down and 'freeze' witnesses' testimony with an early deposition so they can't change their story later How to make a deposition a lot more effective by getting an interrogatory answered first Twelve proven ways to discredit a witness How not to open Pandora's box when questioning a third-party witness How to avoid the trap of allowing your opponent to set the deposition times And, most important of all: How to turn talk into evidence that's admissible in court What's more, Martiniak provides checklists, outlines, reminders, and dozens of practice tips.


Deposition Rules

Deposition Rules
Author: David M. Malone
Publisher: Aspen Publishing
Total Pages: 152
Release: 2015-06-17
Genre: Law
ISBN: 1601565089

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In its Sixth Edition, Deposition Rules remains the essential deposition handbook for busy practitioners: a ready and convenient, on-the-go reference, it provides quick access to the rules, procedures, and practices that govern deposition practice, and it answers the most commonly asked questions about depositions. Deposition Rules also provides "Practice Tips," which are drawn from the actual conduct of counsel in depositions, because modern deposition practice has evolved at least as much from "what works" as it has from "what is required." This Sixth Edition incorporates all amendments current to December 2014 to the Federal Rules of Civil Procedure as well as the Federal Rules of Evidence


Deposition Strategy, Law and Forms

Deposition Strategy, Law and Forms
Author: C. Elliot Kessler
Publisher:
Total Pages: 11000
Release: 2000-01-01
Genre:
ISBN: 9780820512587

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A Unique Work. The Only Comprehensive A to Z Work on Depositions Published. Discusses every aspect of deposition practice & covers every commonly litigated area of the law, with each topic written by an expert in the field. Discovery, as is well known to any attorney, is a procedure permitted by the courts whereby either party may learn facts, opinions, or information concerning any matter relevant to the issues framed which could or may lead to admissible evidence. In the case of depositions, which may be employed simply as a fact-finding exercise, the usefulness is far more reaching. The deposition, which is a question & answer procedure whereby an attorney may ask questions of a party or witness who is under oath, is a devastatingly effective discovery too. Since depositions are so potent a discovery procedure, then they should be approached very, very seriously. The deposition has to be imaginative, flexible, creative & encompassing. Some practices & procedures are suitable in many cases or instances & general approaches can be outlined. That is the purpose of this work. The deposition is a trial snapshot of one witness & that witness' potential testimony. Although the rules of procedure are much more expansive in depositions as compared to trial, the same sort of caution should be exercised at deposition as at trial since a case can easily be won or lost in deposition. This entire work is designed so that attorneys can use it in connection with the conduct of deposition. Included are applications to a broad spectrum of various legal aspects. Chapters will cover aspects of deposition practice & procedure, including initial planning, preparation, taking, defending & use. The work presents some of the various options or alternatives available to practitioners regarding deposition practices & the considerations which should govern the decisions which must be made at various points of the discovery process. A review of the relevant legal standards are presented where deemed appropriate. The scope of this work ranges from complex strategies involved in antitrust litigation to simple issues related to automobile accidents. Some of the important areas treated are: . The art of taking depositions, from both the examining & defending counsel's point of view. . Complete discussion of federal & state deposition rules. . Forms essential for deposition motion practice. . Question & Answer sequences taken from actual cases . How to use depositions at a trial . How to object to questions asked . How to counter objections Sample chapter cover: . Antitrust . Environmental Law . Construction . Civil Rights . Computer Litigation . Consumer Actions . Contracts . Bankruptcy . Corporations . Employment Discrimination . Family Law . Franchises . Insurance . Labor Law . Libel & Slander . Malpractice--Legal . Medical Malpractice