Give the Reporter a Hand to Get a Clean Depo Transcript

117533578When you’re taking a deposition, you know that ensuring a complete and accurate record is vital. So don’t take the person who’s dutifully taking down the proceedings for granted: Assisting the court reporter is not only polite, it might be the key to a clean depo transcript to use at trial. Continue reading

Like Steve Jobs, Unavailable Witnesses Can Still “Appear” at Trial

451334569In the trial of an antitrust case against Apple, Steve Jobs will come back to life as a key witness—if only in the form of his videorecorded deposition. Continue reading

Timing Your Interrogatories

170189536Interrogatories can be a very powerful discovery tool. With interrogatories, you get to ask questions of adverse parties and then use their answers against them at trial. Don’t miss out on this opportunity by bungling the timing of your interrogatories. Continue reading

Make a Plan for Each Witness

85449216Before you prepare a witness for trial, you should know precisely what you expect to accomplish through that witness. In other words, have a plan. Continue reading

How to Use Technology for Effective Cross-Examination

presentationAA049409The following is a guest blog post by Jeff Bennion, a solo practitioner in San Diego who specializes in personal injury and consulting on e-discovery and litigation technology.

A good cross-examination should come off as scripted. California Evidence Code §767(a)(2) allows for leading questions on cross-examination, and a good trial attorney should lead the witness through the narrative using only questions that he or she knows the answer to. But things don’t always go according to plan. When a witness gives an answer that you did not expect or that is contrary to what you learned in discovery, you need to have a plan for showing your impeachment evidence to the jury. Continue reading

Business-Related Torts to Master

185468074If you handle business litigation matters, you need to be fluent in the most common business-related torts and their elements so you can spot the issues immediately—to either allege them or defend against them. Don’t feel quite fluent yet? Don’t worry, here’s a checklist of the elements of common business-related torts to keep handy until you master them. Continue reading

5 Things to Do Before Deposing an Expert

92419672Taking the deposition of an opponent’s disclosed expert entails more and different preparation than when you’re deposing a lay witness. Here are 5 things to do when prepping for an expert’s deposition. Continue reading

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