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

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

Are Insurance Agreements Discoverable?

The existence of insurance is often key to a lawsuit and one of the first orders of business in discovery. There are statutory provisions allowing for discovery of the existence and contents of insurance agreements—as well as limits on it. 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

Duty to Investigate Before Answering Interrogatories

looking_140478824Before you answer interrogatories, you have a duty to investigate. But what does that mean and how far do you have to go? 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

Handling Nonverbal Depo Responses

fingersUnless the deposition is video or audio recorded, the record won’t reflect nonverbal responses. This can be a problem if the nonverbal response is material. Here’s how it comes up and how you can deal with it. Continue reading

Snapchat as Evidence

snapchat-picSeveral years ago we told you to consider Facebook postings as evidence in legal cases. This is still true, but now there are many more social media platforms to consider. Snapchat in particular has become a fertile source of evidence not to be overlooked. Continue reading

4 Tips for Contention Interrogatories

ThinkstockPhotos-486765445Interrogatories may be the only discovery procedure that can be used to discover a party’s contentions. You can use them to ask an opponent to state whether he or she makes a particular legal contention, to state the factual basis for the contention, and to identify any witnesses or documents supporting the contention. But before you draft your next set of contention interrogatories, review these four tips. Continue reading

6 Reasons to Use Interrogatories

ThinkstockPhotos-494315642Interrogatories are the discovery workhorse, with at least six major strengths. Consider the following benefits of propounding interrogatories as you plan discovery for your case. Continue reading