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Civil Litigation Discovery Legal Topics

How to Control a Deposition Without Being Controlling

The attorney taking the deposition usually controls the proceedings. But the best way to take advantage of this control is to hold onto it loosely.

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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 Discovery Legal Topics

Don’t Miss a Crucial Follow-Up Question

You prepare deposition or investigation questions in advance, but it’s the follow-up questions—often crafted on the fly—that may be the most important. Indeed, Michael Cohen’s lawyer Lanny Davis said that members of the Senate Intelligence Committee failed to ask the right “follow-up questions” when Cohen appeared before them last year and therefore failed to elicit crucial answers. Don’t make that mistake!

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Civil Litigation Discovery Legal Topics New Lawyers

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.

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Civil Litigation Discovery Legal Topics Litigation Strategy Pretrial Matters

How Can Someone Be Deposed Twice in the Same Case?

ThinkstockPhotos-501707257Generally, you can’t compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule.

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Civil Litigation Discovery New Lawyers

4 Preliminary Questions for Every Deposition You Take

185496686Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take.

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Civil Litigation Discovery Legal Topics

Don’t Be Trapped by Your Deposition Outline

463344231An outline is an excellent tool for making sure you don’t overlook any important subjects during a deposition. But don’t let this tool become a trap: Be in the moment and be ready to venture outside of your outline.

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Checklists Civil Litigation Discovery Legal Topics

10 Steps for Depo Prep

121217625The importance of preparation before taking a deposition cannot be overstated. Here are 10 steps that will take you through the preparation process and keep you organized at the deposition.