3 Questions to Ask Every Expert Witness at Deposition

three questions to ask an expert witness in a depositionAt an expert’s deposition, questions are primarily focused on the expert’s qualifications and opinions. But don’t forget to ask these three questions—you may be very pleased with the responses you get. Continue reading

Can You Depose by Skype?

Can you depose via Skype? Short answer: Yes. But make sure that you follow the rules. Continue reading

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

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

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

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

8 Tips to Maximize Interpreter Effectiveness

Once you find a qualified interpreter, apply these eight tips to maximize the interpreter’s usefulness in court or at trial. Continue reading

Warn Your Expert Against Writing

Although in the “real world” scientists changing their minds may be the badge of intellectual honesty, in litigation the expert who backs away from a position or changes an opinion is supplying the opposition with a source of impeachment. Any time the expert makes a written record of his or her thoughts or opinions, the opposition gets a “paper trail” of potential impeachment material. To avoid this, tell your expert to keep writing to a minimum. Continue reading

Who May Attend a Deposition?

thinkstockphotos-155804580Generally, depositions are a fairly intimate gathering with only the necessary attendees. But what do you do if you’re surprised by an unwelcome person who insists on being present? Continue reading

4 Tips for Handling Exhibits at Deposition

463413901When it comes to deposition exhibits, you need to keep your eye on the trial: Make sure they are marked, identified, and attached to the deposition transcript. Here are four tips for handling depo exhibits.  Continue reading