Depositions

Considerations for taking, defending, and preparing for a remote deposition, including technology challenges, ethical issues, handling exhibits, and prepping a witness for the remote format.

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.

Discussion of how to conduct a witness prep meeting, focusing on making the witness comfortable with how the deposition will work, explaining how depositions differ from ordinary conversation, and giving the witness tips on how to answer questions.

Discussion of how to conduct a witness prep meeting, focusing on preparing the witness for the substantive aspect of the deposition—reviewing the substantive topics and potential exhibits with the witness, and conducting mock questioning.

Discussion of ethical rules and obligations about influencing the witness’s testimony and strategies to navigate this important ethical issue.

The importance of reviewing your transcript after the deposition, things to look for, and how to learn from your mistakes.

Checklist of things to confirm, bring and know before taking a deposition.

Discusses the standard objections and when they would be used, objection procedure and different rules on speaking objections.

Discussion of the role of the defending lawyer, ways to protect the witness, rules on counseling the witness during the deposition, correcting testimony, and re-direct.

Strategies and procedures for defending a corporate witness, including what to do when your witness doesn’t know the answer, questions outside the scope of topics, and rehabilitating the witness through re-direct.

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.

Strategies and tips for asking questions and getting testimony that is clear and usable after the deposition.

A look at common missteps when taking a deposition, and how to avoid those mistakes in your questioning.

Rules about correcting the transcript, the format and content of an errata sheet, and procedure for preparing an errata sheet and signing the deposition transcript.

Strategies, rules, and procedures when taking a corporate deposition, and obtaining information responsive to a deposition topic.

Examination of a corporate deposition notice and drafting tips.

Discussion of different requirements in protective orders for confidentiality designations in deposition transcripts and the process of reviewing a transcript and designating material confidential.

Discussion of the process of reviewing and selecting documents for depositions.

Procedure for proper marking of exhibits, useful questions about exhibits, strategies for selecting documents to mark as exhibits, and common mistakes with exhibits.

Procedure for noticing or subpoenaing a deposition, examples of a deposition notice and subpoena, and the process of scheduling depositions.

Rules and tips for selecting the corporate witness; how a corporate witness’s role differs from a fact witness; assembling materials for corporate witness prep; reviewing the topics with the witness; and tips for reviewing the topics and practicing Q&A with a corporate witness.

Detailed how-to of the process of drafting a deposition outline, with practical tips and examination of examples.

How to respond to a corporate deposition notice, including the different objections, coordinating a response with your client, and how to handle the meet-and-confer process with opposing counsel.