Handling Nonverbal Depo Responses

fingersUnless 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. Continue reading

10 Steps to Impeaching a Witness with Prior Depo Testimony

steps_78288477A witness’s deposition can be used for impeachment (i.e., to attack the witness’s credibility) by showing that the testimony on the stand isn’t consistent with the deposition testimony or “for any other purpose permitted by the Evidence Code.” CCP §2025.620(a). The quoted language permits the deposition to be used to show both prior inconsistent statements (Evid C §1235) and prior consistent statements (Evid C §1236).  Next time you have depo testimony that will impeach a witness, follow these 10 steps. Continue reading

Lessons from Trump’s Depo: Come Prepared!

In his 2007 deposition in his suit against a reporter, Donald Trump encountered very prepared attorneys. As the Washington Post describes, they “confronted the mogul with his past statements—and with his company’s internal documents, which often showed those statements had been incorrect or invented.” Regardless of your politics or personal feelings, Trump’s deposition presents an excellent example of how to effectively cross-examine an adverse witness in a deposition. Continue reading

Dealing with a Deponent’s Sudden Memory Loss

ThinkstockPhotos-162286894Witnesses at deposition are prone to suffer from severe memory loss. Luckily, there are some effective restoratives you can use. Continue reading

Production Problems: Formatting E-Data

ThinkstockPhotos-164446354Producing electronic data in discovery can be complicated by format issues: How do you determine which format to use? Continue reading

4 Tips for Contention Interrogatories

ThinkstockPhotos-486765445Interrogatories may be the only discovery procedure that can be used to discover a party’s contentions. You can use them to ask an opponent to state whether he or she makes a particular legal contention, to state the factual basis for the contention, and to identify any witnesses or documents supporting the contention. But before you draft your next set of contention interrogatories, review these four tips. Continue reading

Stipulations for the End of a Depo

ThinkstockPhotos-179049810There are certain stipulations entered into at the end of the deposition that can be very useful. Check out these stipulation suggestions, along with sample language to get them on the record. Continue reading

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