Taking an Expert Deposition
Discussion of how to take an expert deposition, including rules and procedure, preparing for the deposition, challenging an expert’s opinions, strategic considerations, and questioning techniques.
Category
Examining a Witness
Courses
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Direct Examination
How to prepare for direct examination of a fact witness, so you can go into your prep session with a trial-ready outline. Includes how to cover affirmative points that you need to get in through the witness, how to neutralize negative points you expect on cross, how and when to use exhibits, and how to think about redirect. (Prepping the witness is covered in a different course.)
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Prepping a Witness for Direct
How to prepare your witness for their direct examination. Includes how to discuss their answers with them, prepare them on negative points, and instruct them on demeanor. Also covers strategy for an effective mock Q&A.
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Prepping a Witness for Cross
An advanced discussion on how to prepare your witness for cross examination. Teaches how to educate your witness on the tactics the other lawyer will use, and how they can defuse those tactics. Also covers how to approach mock cross, what to look for in your witness’s mock answers, and how to give effective feedback.
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Prepping for Expert Direct
How to prepare for the direct examination of your expert. Includes tips for drafting your questions and organizing your outline. Explains how to cover each section of the expert’s report in your questions, drawing out the right information in a way that will land with the jury. Also includes how to prepare the expert for their direct testimony.
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Cross Examination
Strategic guidance on the meticulous preparation required to conduct cross examination. Includes how to organize your outline, decide what to cover, start and end your cross, and draft effective questions. Also discusses how to adjust your plan in real time based on the witness’s direct, how to use exhibits, and other tips for a successful execution.
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Crossing an Expert
Advanced strategy for crossing an expert, including how to make the expert’s opinions seem unreasonable or unsupported, how to undermine their credibility, and how to adapt your cross after the expert’s direct.
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Tips for Taking a Deposition
Tips and strategies for taking a deposition, including starting the deposition off right, asking questions effectively, dealing with a difficult witness or opposing counsel, and ending the deposition well.
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Asking Good Deposition Questions
In-depth look at effective deposition questioning, including open versus closed questions, the funnel approach, strategies for getting admissions, cross-examination, and testing case theories.
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Common Mistakes in Deposition Questioning
A look at common missteps when taking a deposition, and how to avoid those mistakes in your questioning.
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Taking a Corporate Deposition
Strategies, rules, and procedures when taking a corporate deposition, and obtaining information responsive to a deposition topic.