Depositions are essential to the disposition of litigation whether by motion, settlement, or trial. An effective deposition can enhance, even win, your case, whereas a deposition marred by poor preparation, unexpected testimony, or lack of completeness can severely weaken and even ruin a case.
A thorough knowledge of how to prepare, take, and defend depositions is essential for every attorney. The varied and experienced faculty will offer both general principles and specific advice on the following:
- Case Law And Overview Of Legal Principles Civil And Criminal Law Emphasis
- Preparing The Client For Deposition
- Strategy And The Plaintiff's Perspective
- Videotaped Deposition
- Deposition Procedure Considerations
9:00 a.m. - 10:30 a.m.
I. Case Law And Overview Of Legal Principles Civil Law Emphasis
A. Use Of Depositions Including Impeachment
B. Foundation Issues And Requirements
C. Changes In Testimony
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:45 a.m.
II. Case Law And Overview Of Legal Principles Criminal Law Emphasis
A. Notice Requirements, Objections And Deposition Location
B. Objection Based Upon Privilege And Instruction Not To Answer Questions
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:25 p.m.
III. Preparing The Client For Deposition
A. Understand The Issues Of The Case
B. Educate And Envision The Client
C. The Three Main Rules
D. Review Elements, Defenses And Problems
E. Review: Interrogatories And Records
F. Purpose Of Deposition At Trial
G. Prepare Client For Basic But Tough Questions
H. Ethical Consideration: Candor vs. Zealous Advocacy
1:25 p.m. - 2:05 p.m.
IV. Strategy And The Plaintiff's Perspective
A. Taking vs. Defending A Deposition
B. Outlines The Use Of Questions Or Answers
C. Psychology And Strategy Of Approach
D. Deposing With Settlement Or Trial In View
E. Preserving Objections For Trial
F. Properly Ending An Abusive Deposition
2:05 p.m. - 2:45 p.m.
V. Videotaped Deposition
A. When And Why To Take Them
B. Procedural And Rule Requirements
C. Mechanics Of The Videotaping
D. Strategic Considerations
E. Presenting Evidence And Witnesses
F. Going To The Movies
G. Editing Deposition Testimony
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
VI. Deposition Procedure Considerations
A. The Ultimate Deposition Notebook
1. Cases You Must Have For Every Scenario
2. Checklists For Various Witnesses
B. Procedural Issues
1. Where To Conduct The Deposition
2. When To Videotape
3. When To Seek Court Intervention