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Civil Litigation Discovery Legal Topics

Keep This in Mind During Every Deposition

When taking or defending a deposition, always keep in mind that you’re making a record for the jury. Sometime later, perhaps years after the deposition took place, a jury may hear parts of the deposition and you want everything to be there and be clear.

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Civil Litigation Legal Topics Litigation Strategy Trial Strategy

How to Cross-Examine with Inconsistent Depo Testimony

A witness on the stand has made a statement that’s inconsistent with his or her earlier deposition testimony and has committed to the inconsistency. As the cross-examining attorney, how should you handle it?

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Civil Litigation Discovery Evidence Legal Topics Litigation Strategy Trial Strategy

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.

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Civil Litigation Discovery Legal Topics

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.

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Civil Litigation Discovery Legal Topics New Lawyers

To Correct or Not to Correct a Depo Transcript

eraser and word mistakesUnless you agree otherwise, the deponent can change the form or substance of any answer in the deposition transcript. But just because you can doesn’t mean you should.