We 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
Your 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
Filed under: Civil Litigation, Discovery, Evidence, Legal Topics | Tagged: data custodian, data destruction, discovery, electronic data, electronic evidence, evidence, legal hold letter, preservation of evidence | 1 Comment »
It’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
The 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
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Personal Injury, Pretrial Matters, Tort Law | Tagged: defense counsel, deposition, evidence, medical examination, medical records, personal injury | Leave a comment »
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
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Pretrial Matters, Young Lawyers | Tagged: attorneys, deposition objections, deposition tactics, discovery, trial objections | 1 Comment »
Want 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
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:
- That’s Privileged! Claiming Privilege in a Deposition
- I Object! Know What Objections to Make at a Deposition
- Be Ready to Pounce on Objections in a Deposition
- To Correct or Not to Correct a Depo Transcript
© 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.
Filed under: Civil Litigation, Discovery, Legal Topics, Videos | Tagged: attorneys, deposition, deposition abuse, deposition objections, deposition tactics, protective order, witness coaching | 10 Comments »
Unless you agree otherwise, the deponent can change the form or substance of any answer in the deposition transcript. But just because you can doesn’t mean you should. Continue reading
When drafting special interrogatories, you apply the same basic principles as all legal documents: strive for clarity and brevity, choose language carefully, and avoid vague descriptions. But there are also some special statutory requirements and drafting considerations to keep in mind.
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: civil litigation, discovery, drafting interrogatories, interrogatories, special interrogatories, specially prepared interrogatories | 1 Comment »