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.
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 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.
Related CEB blog posts:
- That’s Privileged! Claiming Privilege in a Deposition
- I Object! Know What Objections to Make at a Deposition
- Be Ready to Pounce on Objections in a Deposition
- To Correct or Not to Correct a Depo Transcript
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