It’s not feasible to stop a deposition every time an attorney or witness becomes obstructive, run to court to have a judge or discovery commissioner resolve the issue, and then resume the deposition. If you anticipate such problems, using a discovery referee may be a solution.
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 […]
The other side is not giving you adequate discovery responses. In frustration, you may want to file a motion to compel. But stay calm and consider carefully whether doing so really makes sense and if there are better alternatives.
Update: In a reversal of fortune, the district court has awarded sanctions for discovery abuse in favor of Anna Nicole Smith’s estate and her daughter Dannielynn against the estate of her stepson, Pierce Marshall, and his attorney. In a sweeping decision (Marshall v Hilliard (In re Marshall) (CD Cal May 29, 2013, SACV-01-0097 DOC)), the […]
Conduct enough depositions and you’re bound to see abusive tactics by some opposing counsel. Here are five ways to effectively deal with the most common abuses attorneys experience during depositions.
When dealing with an uncooperative deponent, it may be useful to immediately give oral notice of a motion to compel. You still have to give written notice, but an oral notice can be a powerful tool for convincing the deponent to answer or produce at the deposition.
Unless the deposition is video or audio recorded, the record won’t reflect nonverbal responses. This can be a problem if the nonverbal response is material. Here’s how it comes up and how you can deal with it.
Witnesses at deposition are prone to suffer from severe memory loss. Luckily, there are some effective restoratives you can use.
If you take depositions, it’s inevitable that you’ll encounter deponents who are difficult to question. In addition to maintaining a professional manner, consider using one or more of the following strategies, based on the difficulty you’re facing.
In most cases you’ll need to notice at least one deposition. Here’s a handy overview for anyone new to California practice on what to include in your deposition notice and when to serve a subpoena along with it.