Conduct enough depositions and you’re bound to see abusive tactics by some opposing counsel. Here are five ways to effectively deal with the most common abuses attorneys experience during depositions.
In the wake of the California Supreme Court’s landmark decision Elkins v Superior Court (2007) 41 C4th 1337, then Chief Justice Ron George created a task force to look into measures that could be undertaken to ease the burden on both overcrowded courts and the large number (approximately 70%) of unrepresented family law litigants. The drafters of the Elkins Family Law Task Force: Final Report and Recommendations, issued April 2010, expressed concern, among other things, over the drastic reduction of live testimony in family court, which they felt deprived family law litigants of due process. In 2010 the legislature introduce a package of new statutes designed to address the concerns of the Elkins Task force (Assembly Bill 939). The Judicial Council duly adopted a new rule, effective July 1, 2011, that relates to the new statutes, Cal Rules of Ct 5.119.