• Categories

  • Archives

  • © The Regents of the University of California, 2010-2018. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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

3 Reasons to Take an Out-of-State Deposition

You can take out-of-state depositions for use in pending California state court actions under CCP §2026.010(a), but why would you take the time and expense of doing so? Here are three situations in which it might be your only option. Continue reading

This Is How Interrogatories and Depositions Compare

When deciding whether to use interrogatories or depositions in discovery, there are several things to compare. Continue reading

%d bloggers like this: