Techniques Top Attorneys Use When Questioning an Expert

attorney going up a level in her deposition questioningWhen taking an expert’s deposition, you start with questions to learn everything that he or she thinks about the case and has done or plans to do in connection with it. Once that’s done, consider taking your questioning up a level with these three techniques. Continue reading

How to Get Clients Involved in Discovery

lawyer making hand gesture inviting client's participation in discovery decisionsBefore you start discovery, you need to have a plan. Your client should be an integral part of that plan. Here are four ways to get your client involved in discovery decisions. Continue reading

12 Grounds for Objecting to Interrogatories

Interrogatories play a key role in litigation: They’re used to gather potential evidence to support a party’s contentions, including facts, witnesses, and writings, or to determine what contentions an opposing party is planning to make. CCP §2030.010(b). But just because they ask doesn’t mean you have to answer. You can object to interrogatories on many grounds. Here’s a list of objections to keep handy when the next batch of interrogatories arrives. Continue reading

5 Steps to Preparing a Deposition Notice

typing out deposition notice on laptopOnce you’ve considered the advantages and disadvantages and have decided to take an oral deposition, you need to draft a written deposition notice. To make sure that you include all the required content, follow these five steps. Continue reading

How to Write Special Interrogatories

woman drafting interrogatories on her computerDrafting special interrogatories is yet another mainstay of litigation practice that’s generally not covered well in law school. Consider this a summary overview to get you started. Continue reading

How to Depose Depends on Your Goal

The first thing to do in preparing for a deposition is to think about your goal—what are you trying to achieve with this particular deposition? Your goal should be reflected in your conduct toward the deponent and the scope of your questions. Here’s a look at how three common deposition goals should play out. Continue reading

How to Use Oral Notice of Motion to Compel as a Tactical Tool

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. Continue reading

Do You Need a Discovery Referee?

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. Continue reading

5 Areas for Questioning an Expert at Deposition

Regardless of an expert’s particular specialty, there are five areas that apply to the questioning of most expert witnesses at deposition. Continue reading

Oops! What to Do When Privileged Material Is Inadvertently Produced

In the rush of document production, it’s always possible that privileged material will be inadvertently produced to the opposing party. What happens then? Is the privilege lost? Continue reading