Eeny, Meeny…Who Should I Depose?

186468191When limited resources means you can’t take as many depositions as you’d like, how do you decide which depo(s) to take? Here’s a priority order to help you triage depositions. Continue reading

Give Discovery Responses a Formal Introduction

136727429Many attorneys mistakenly believe that answers to interrogatories and requests for admission are automatically in evidence after they’re lodged with the court. Not so! First, you’ve got to formally introduce them into evidence.

Continue reading

10 Tools for a Successful Depo Examination

177779585We all develop our own deposition style, but there are certain basic tools that every lawyer should have in his or her repertoire. Here are 10 examination techniques to consider adding to your tool belt before your next deposition. Continue reading

Put a “Legal Hold” on Data Destruction

144952362Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data. Continue reading

How to Get the Depo Testimony You Need for Summary Judgment

158557319It’s easy to fall into the trap of not nailing things down in deposition as well as you thought you did. Check out one expert’s advice for getting the deposition testimony you’ll need for your summary judgment motion. Continue reading

Mining for Gold in Medical Records: Five Tips for Defense Counsel

136502544The following is a guest blog post by Lynn Hollenbeck. Lynn is a litigation attorney with Bunting Drayton & Alward in San Francisco, with expertise in premises defense, insurance defense, asbestos defense, and construction defect.

For defense counsel, plaintiff’s medical records often contain unexpected sources of information beyond examination findings, diagnoses, and prognoses. You may not find the dispositive document that disproves causation, but the records can bolster other issues in the case. Continue reading

Avoid Using Trial Objections When Defending a Deposition

161146505

The following is a guest blog post by Micha Star Liberty. Micha represents plaintiffs in cases involving unlawful employment practices, personal injury and mass tort, defective products, civil rights, discrimination, antitrust violations, and consumer protection. She has offices in San Francisco and Oakland.

If you’re defending your client’s deposition and you have a problem with some of the questions the other attorney is asking, you’ll likely be tempted to object, as you do in court. But remember that there are different rules for objections in court versus in a deposition. Continue reading

10 Steps for Depo Prep

121217625The importance of preparation before taking a deposition cannot be overstated. Here are 10 steps that will take you through the preparation process and keep you organized at the deposition.

Continue reading

Calendaring Your Discovery Plan

140044171Want a great discovery organization tip? Create a calendar of all the relevant discovery dates. This will help you evaluate what discovery you’ll need and schedule it in relation to the relevant statutory deadlines. Continue reading

5 Ways to Defeat Deposition Abuse

Have you been on the receiving end of opposing counsel’s abuse during a deposition? Non-stop meritless objections, constant witness coaching, or just rude and unprofessional behavior can catch you off guard and leave you feeling unprepared.

This short video discusses the most common abuses attorneys experience during depositions, and then gives 5 ways to effectively deal with them.

These tips and many others for taking and defending depositions are found in CEB’s California Civil Discovery Practice.  Also check out CEB’s Handling Depositions for a step-by-step guide through the deposition process.

Related CEB blog posts:

© The Regents of the University of California, 2013. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

%d bloggers like this: