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

How to Handle Improper Coaching at Deposition

One of the common problems at deposition is improper coaching of the deponent by counsel. If you’re the examining attorney, there are three steps you can take to handle this situation. Continue reading

Tips for Dealing with a Difficult Deponent

200397990-001If 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. Continue reading

5 Ways to Defeat Deposition Abuse

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.

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