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Civil Litigation Criminal Law Legal Topics Litigation Strategy New Lawyers

That’s Not What You Said in Your Depo

mouth_94175022What do you do when a witness says one thing during his or her deposition and a very different thing when on the stand at trial? Impeach!

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Civil Litigation Discovery Legal Topics Litigation Strategy

Getting Deposition Testimony in Front of the Jury

jury_139711969You’ve taken depositions and got some great testimony for your case. Unfortunately, the jury wasn’t in the deposition room to hear it. So now that you are at trial, it’s your chance to make effective use of the deposition testimony in front of the jury. But how do you do that?

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Civil Litigation Criminal Law Legal Topics Litigation Strategy

Catch a Catchphrase

During the election season we all get a bit tired of  slogans and catchphrases, but these tools can be very useful at trial. Keep alert for any catchphrase that comes up at trial or during discovery and be prepared to exploit it for all it’s worth.

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Checklists Civil Litigation Discovery Legal Topics New Lawyers

What To Expect When You’re Expecting a Deposition: A Checklist for Preparing the Deponent

Part of your deposition preparation has to be preparing your client for his or her turn at the depo table. Most attorneys spend their time preparing their clients for the substance of the deposition and what specific questions to expect and how to answer them. Although this is obviously important, it is equally important that your novice client knows what to expect at a deposition generally and is clear on what is expected of him or her as the deponent.

Here’s a checklist to help you get your client ready.

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Civil Litigation Discovery Legal Topics Litigation Strategy

I Object! Know What Objections to Make at a Deposition

Handling objections in a deposition can be tricky. Some objections are subject to “use it or lose it.” Others aren’t waived even if you fail to raise them in the heat of the moment. Here’s a run down on objections during depos under California law.

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Civil Litigation

CEB Question of the Month: Liability for Public Employee Witness Costs

Question: You notice the deposition of a police officer and dutifully deposit fees to reimburse the city for the officer’s salary and expenses while attending as a witnesses under a Govt C §68097.1 subpoena. But it turns out that the deposition goes much longer than you had expected, and thus the  public entity’s expenses were greater than your deposit.  Can you, as the attorney for the litigant noticing the deposition, be held personally responsible to reimburse the public entity for the additional costs?

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Civil Litigation Legal Topics Litigation Strategy Practice of Law

Effective Questioning

When we think of attorneys and questions, images of courtroom witness examinations and jailhouse interviews come to mind. But for most attorneys, questions are more often asked during pre-litigation investigation, discovery, and settlement negotiations — all situations in which the attorney needs to gather information. To get the answers you want and need, you have to ask the right questions.