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    Litigation Fundamentals: Effective and Efficient Use of Depositions

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    Dawn Marie Bates-Buchanan
    ABA-CLE self-study products are offered in a variety of formats. Nothing contained in this book is to be considered as the rendering of legal advice. Readers are responsible for obtaining such advice from their own legal counsel.

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    Litigation Fundamentals: Effective and Efficient Use of Depositions

    Uploaded by

    Dawn Marie Bates-Buchanan
    188 views12 pages
    ABA-CLE self-study products are offered in a variety of formats. Nothing contained in this book is to be considered as the rendering of legal advice. Readers are responsible for obtaining such advice from their own legal counsel.

    Original Title

    Deposition

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    ABA-CLE self-study products are offered in a variety of formats. Nothing contained in this book is to be considered as the rendering of legal advice. Readers are responsible for obtaining such advice from their own legal counsel.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    188 views12 pages

    Litigation Fundamentals: Effective and Efficient Use of Depositions

    Uploaded by

    Dawn Marie Bates-Buchanan
    ABA-CLE self-study products are offered in a variety of formats. Nothing contained in this book is to be considered as the rendering of legal advice. Readers are responsible for obtaining such advice from their own legal counsel.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 12

    The American Bar Association Section of Litigation and the ABA Center for Continuing Legal Education Present

    Litigation Fundamentals: Effective and Efficient Use of Depositions

    American Bar Association Center for Continuing Legal Education 321 North Clark Street, Suite 1900 Chicago, IL 60654-7598 www.abanet.org/cle 800.285.2221, select option 2

    CDs, DVDs, ONLINE COURSES, PODCASTS, and COURSE MATERIALS ABA-CLE self-study products are offered in a variety of formats. To take advantage of our full range of options, visit the ABA Web Store at www.abaclecatalog.org.

    The materials contained herein represent the opinions of the authors and editors and should not be construed to be the action of the American Bar Association, Section of Litigation or the Center for Continuing Legal Education unless adopted pursuant to the bylaws of the Association. Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book and any forms and agreements herein are intended for educational and informational purposes only. 2009 American Bar Association. All rights reserved. This publication accompanies the audio program entitled Litigation Fundamentals: Effective and Efficient Use of Depositions broadcast on November 24, 2009 (Event code: CET9EED).

    Discuss This Course Online


    Visit http:/www.abanet.org/cle/discuss to access the discussion board for this program. Discussion boards are organized by the date of the original program, which you can locate on the preceding page of these materials.

    Litigation Philosophy
    Real World Litigation

    Black Gray White

    Litigation Philosophy Real World Litigation

    The Challenge:

    Black

    Gray
    White

    Litigation Philosophy Real World Litigation

    The Challenge:

    Black

    Gray
    White

    Connect the Different Worlds

    Key Passages to Conducting a Winning Deposition

    Preparing to Take the Deposition

    10
    Key Rules

    Key Passages to Conducting a Winning Deposition Preparing to Take the Deposition

    10 Key Rules

    1. Conduct Appropriate Pre-Deposition Discovery 2. Determine Witness Order 3. Determine Mechanics Notice/Subpoena Duces Tecum Location Audience Court Reporter Ordinary Stipulations

    Key Passages to Conducting a Winning Deposition Preparing to Take the Deposition

    10 Key Rules

    4. 5. 6. 7. 8. 9.

    Conduct Homework on Opposition Complete Document Review Identify Key Issues Prepare for Possible Controversy Prepare Final Deposition Outline Determine Cosmetics

    10. Finalize Ultimate Deposition Goals

    Key Passages to Conducting a Winning Deposition

    Conducting A Winning Deposition

    10
    Key Issues

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Key Issue

    Court Reporter Communications Seating Oath Stipulations Materials

    1
    Orchestrate Pre-Testimonial Procedures

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition


    Carrot: Your Friend Stick: Intimidation

    Key Issue

    Silence Non-Verbal Signals: Rhythm Overwhelm with Preparation Exchanging Secrets Giggling Knowing But Not Telling Contract with Lawyer

    2
    Determine Style

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Key Issue

    3
    Examination Structure and Delivery

    Impact-Chronological
    Content

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Key Issue

    Establish Rapport Use of Investigative Materials Set Depo Rules?

    4
    The First Five Minutes

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Key Issue 5 Use of Outline

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Key Issue 6 Handling Exhibits

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Key Issue

    7
    Handling Controversy

    Dealing with the Difficult Witness Dealing with Opposing Counsel Options

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Be a Good Listener

    Key Issue

    Timing of Recesses Getting the Great Answer Soliciting Witness Cooperation Making a Good Record

    8
    Fundamental Mechanics

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition


    Qualifications: Humble Daubert FRE: 702 and 703 Curve Ball Quotes Background Info Other Testimony Compensation Plaintiff or Defendant Expert Naming your Expert

    Key Issue

    9
    Special Rules for the Expert

    Key Passages to Conducting a Winning Deposition Conducting A Winning Deposition

    Key Issue 10 Deposition Peroration

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