The Deposition Tutorial: Questions, Answers, Tactics, Demonstrations

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Publisher : Aspen Publishing
ISBN 13 : 160156791X
Total Pages : 314 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis The Deposition Tutorial: Questions, Answers, Tactics, Demonstrations by : Anthony J. Bocchino

Download or read book The Deposition Tutorial: Questions, Answers, Tactics, Demonstrations written by Anthony J. Bocchino and published by Aspen Publishing. This book was released on 2019-02-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an era when most litigation parties never see the inside of a courtroom. Cases are resolved by motion practice, by informal settlement, or by formal procedures such as arbitration and mediation. Rarely does an attorney get to say, “Ladies and gentlemen of the jury . . . .” Does this change render deposition practice obsolete? Quite the opposite—depositions are more important than ever. Instead of a battle between attorneys who are trying to hide their evidence for trial, depositions are the place to put your best case forward, establish your case theories, explore the strengths and weaknesses of your case, and prepare your disposition strategy, be it a motion for summary judgment, a settlement offer, or mediation. Taking effective depositions in this changed environment involves a new paradigm, a whole new way of thinking about the discovery process. This book will guide you through that process, from interviewing and preparing your client through theory building and expert testimony. It also deals with concrete issues like creating a clean, understandable deposition record that will benefit your case throughout the litigation process. With its Q&A format and its many examples, The Deposition Tutorial will become the book you want on your desk for quick reference.

Effective Deposition

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Publisher : Ntl Inst for Trial Advocacy
ISBN 13 : 9781601560476
Total Pages : 450 pages
Book Rating : 4.5/5 (64 download)

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Book Synopsis Effective Deposition by : David M. Malone

Download or read book Effective Deposition written by David M. Malone and published by Ntl Inst for Trial Advocacy. This book was released on 2007 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Effective Deposition

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1601569750
Total Pages : 622 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis The Effective Deposition by : Carl W. Chamberlin

Download or read book The Effective Deposition written by Carl W. Chamberlin and published by Aspen Publishing. This book was released on 2023-12-06 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era when most cases settle before trial, taking depositions is a crucial skill that every attorney must master. The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. Now in its sixth edition, The Effective Deposition is completely rewritten to reflect the latest deposition strategies, technological advances, changes in the laws of evidence and procedure, and the evolving nature of deposition-taking itself. This updated classic is a must for students and practitioners alike. New to the Sixth Edition: Remote depositions: advantages and disadvantages; a protocol for using them; tips for preparing, taking, and defending them; and the emerging law Options for integrating the latest technology before and during the deposition Latest legal trends and updates to the Federal Rules of Civil Procedure and Federal Rules of Evidence End-of-chapter checklists summarizing the essential techniques and strategies of the chapter New chapter on dealing with common witness behaviors (forgetful, know-nothing, evasive, vague, lying, or combative witnesses) New chapter on preliminary matters to cover with the witness Streamlined approach and options for using the Funnel Method to obtain information from the witness Updated examples of deposition questions that implement the techniques and skills Succinct discussion of ethics and privilege in witness preparation Professors and students will benefit from: Step-by-step coverage of the deposition process, including case analysis, substantive preparation and logistics, taking and defending the deposition, and using the deposition testimony in motions or at trial Coverage of deposition basics for those who have taken few if any depositions, as well as advanced techniques and strategy options Examples of questions that illustrate the skills and techniques of each chapter Checklists that summarize the key points of the chapters dealing with skills and strategy Access to videos demonstrating the most critical techniques and skills The Funnel Method and other techniques for obtaining information in a deposition The “one-concept, three rules” approach to witness preparation Latest laws and practices for post-pandemic depositions Real-world application of the legal rules in using exhibits, evidentiary foundations, objections and instructions, and dealing with opposing counsel Extended coverage of Rule 30(b)(6), expert witnesses, and video and remote depositions

Effective Deposition

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Publisher : Aspen Publishing
ISBN 13 : 1601567758
Total Pages : 690 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis Effective Deposition by : Peter T. Hoffman

Download or read book Effective Deposition written by Peter T. Hoffman and published by Aspen Publishing. This book was released on 2018-10-05 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. In this updated fifth edition, Peter Hoffman carries on the tradition he and his co-author, the late David Malone, established of using their expertise as attorneys and educators to bring you critical information and insight. Hoffman explains new discovery rules in evidence and civil procedure, and discusses the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. This edition cites to the Federal Rules of Civil Procedure, as amended to December 2017. Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals. Be prepared for it all with The Effective Deposition.

Deposition Evidence

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Publisher :
ISBN 13 : 9781556819582
Total Pages : 208 pages
Book Rating : 4.8/5 (195 download)

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Book Synopsis Deposition Evidence by : Anthony J. Bocchino

Download or read book Deposition Evidence written by Anthony J. Bocchino and published by . This book was released on 2005 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Effective Deposition

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Publisher : Aspen Publishing
ISBN 13 : 160156774X
Total Pages : 602 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis The Effective Deposition by : David M. Malone

Download or read book The Effective Deposition written by David M. Malone and published by Aspen Publishing. This book was released on 2018-10-05 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] explains new discovery rules in evidence and civil procedure, and discusses the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. This edition cites to the Federal Rules of Civil Procedure, as amended to December 2017. Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals."--

The Deposition Handbook

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Publisher : Aspen Publishers
ISBN 13 : 9781454807988
Total Pages : 0 pages
Book Rating : 4.8/5 (79 download)

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Book Synopsis The Deposition Handbook by : Dennis R. Suplee

Download or read book The Deposition Handbook written by Dennis R. Suplee and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Depositions are playing a more critical role in the litigation process. Make sure you have considered various tactics, strategies and potential problems when going into your next deposition. Tap into the vast experience of expert litigators with the Deposition Handbook, Fifth Edition, and gain valuable insights and skills including: Practical advice covering every stage of a deposition Techniques for eliciting information and effective questioning Video deposition guidelines Proven strategies, procedures, and case studies Rules governing conduct Sample questions And much more The Deposition Handbook delivers on being a truly user-friendly and concise guide offering expert advice on the strategies, tactics, and mechanics needed to handle depositions successfully. Get specific examples and scenarios covering: Whether counsel may interview an adverse party's current or former employees (§ 2.04) Private conferences between the deponent and counsel during the course of the deposition (§ 11.02) The pros and cons of "the usual stipulations" (§ 10.05 Questioning techniques including: Jumping from the specific to the general (§ 9.07) Posing the either-answer question (§ 9.08) Written from a litigator's perspective, it delivers insights into how to make sure the witness becomes a champion for your side of the case. Find out how to effectively prepare the witness to testify most effectively and what factors to consider in deciding whether to prepare the witness to do more than just answer the question. It is a must-read for every young trial attorney or a great refresher to even the most experienced litigator. Add the Deposition Handbook to your bookshelf today!

Deposition Practice Handbook

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Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Deposition Practice Handbook by : L. J. Chris Martiniak

Download or read book Deposition Practice Handbook written by L. J. Chris Martiniak and published by Aspen Publishers. This book was released on 1995 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical handbook explains when, why and how to use particular strategies, tactics, organizational approaches, methods, and techniques in taking and defending depositions. Packed with 'trade secrets' that one-up the opposition, Deposition Practice Handbook shows you: How to pin down and 'freeze' witnesses' testimony with an early deposition so they can't change their story later How to make a deposition a lot more effective by getting an interrogatory answered first Twelve proven ways to discredit a witness How not to open Pandora's box when questioning a third-party witness How to avoid the trap of allowing your opponent to set the deposition times And, most important of all: How to turn talk into evidence that's admissible in court What's more, Martiniak provides checklists, outlines, reminders, and dozens of practice tips.

Deposition Rules

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Publisher : Aspen Publishing
ISBN 13 : 1601565089
Total Pages : 152 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis Deposition Rules by : David M. Malone

Download or read book Deposition Rules written by David M. Malone and published by Aspen Publishing. This book was released on 2015-06-17 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its Sixth Edition, Deposition Rules remains the essential deposition handbook for busy practitioners: a ready and convenient, on-the-go reference, it provides quick access to the rules, procedures, and practices that govern deposition practice, and it answers the most commonly asked questions about depositions. Deposition Rules also provides "Practice Tips," which are drawn from the actual conduct of counsel in depositions, because modern deposition practice has evolved at least as much from "what works" as it has from "what is required." This Sixth Edition incorporates all amendments current to December 2014 to the Federal Rules of Civil Procedure as well as the Federal Rules of Evidence

Deposition Strategy, Law and Forms

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Publisher :
ISBN 13 : 9780820512587
Total Pages : 11000 pages
Book Rating : 4.5/5 (125 download)

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Book Synopsis Deposition Strategy, Law and Forms by : C. Elliot Kessler

Download or read book Deposition Strategy, Law and Forms written by C. Elliot Kessler and published by . This book was released on 2000-01-01 with total page 11000 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Unique Work. The Only Comprehensive A to Z Work on Depositions Published. Discusses every aspect of deposition practice & covers every commonly litigated area of the law, with each topic written by an expert in the field. Discovery, as is well known to any attorney, is a procedure permitted by the courts whereby either party may learn facts, opinions, or information concerning any matter relevant to the issues framed which could or may lead to admissible evidence. In the case of depositions, which may be employed simply as a fact-finding exercise, the usefulness is far more reaching. The deposition, which is a question & answer procedure whereby an attorney may ask questions of a party or witness who is under oath, is a devastatingly effective discovery too. Since depositions are so potent a discovery procedure, then they should be approached very, very seriously. The deposition has to be imaginative, flexible, creative & encompassing. Some practices & procedures are suitable in many cases or instances & general approaches can be outlined. That is the purpose of this work. The deposition is a trial snapshot of one witness & that witness' potential testimony. Although the rules of procedure are much more expansive in depositions as compared to trial, the same sort of caution should be exercised at deposition as at trial since a case can easily be won or lost in deposition. This entire work is designed so that attorneys can use it in connection with the conduct of deposition. Included are applications to a broad spectrum of various legal aspects. Chapters will cover aspects of deposition practice & procedure, including initial planning, preparation, taking, defending & use. The work presents some of the various options or alternatives available to practitioners regarding deposition practices & the considerations which should govern the decisions which must be made at various points of the discovery process. A review of the relevant legal standards are presented where deemed appropriate. The scope of this work ranges from complex strategies involved in antitrust litigation to simple issues related to automobile accidents. Some of the important areas treated are: . The art of taking depositions, from both the examining & defending counsel's point of view. . Complete discussion of federal & state deposition rules. . Forms essential for deposition motion practice. . Question & Answer sequences taken from actual cases . How to use depositions at a trial . How to object to questions asked . How to counter objections Sample chapter cover: . Antitrust . Environmental Law . Construction . Civil Rights . Computer Litigation . Consumer Actions . Contracts . Bankruptcy . Corporations . Employment Discrimination . Family Law . Franchises . Insurance . Labor Law . Libel & Slander . Malpractice--Legal . Medical Malpractice

Effective Deposition Defense Rules

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Publisher : Aspen Publishing
ISBN 13 : 1601565410
Total Pages : 115 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis Effective Deposition Defense Rules by : David M. Malone

Download or read book Effective Deposition Defense Rules written by David M. Malone and published by Aspen Publishing. This book was released on 2015-02-15 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this creative handbook for active trial lawyers, David M. Malone, the acclaimed author of The Effective Deposition, and Ryan Malone address common questions and problems associated with the defense of depositions. This book is intended to provide a quick and ready practical reference to issues and answers for busy trial lawyers. In deposition texts and training programs, the role of the defending attorney often is underanalyzed, perhaps because a reasonable, ethical defense of a well-taken deposition is often an outwardly passive role, not inviting much attention. Nevertheless, before an attorney can develop the skill and confidence to be "outwardly passive" while defending a deposition, she must understand her powers and responsibilities, the dangers and cures. This third edition of Effective Deposition Defense Rules presents accessible, practical, and common-sense ways to deal with situations that arise as attorneys and witnesses work their way through the pretrial deposition process. And this new edition includes updated material on the specific issues presented by video-recorded depositions.

How to Answer Questions at Your Deposition

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Author :
Publisher : Createspace Independent Pub
ISBN 13 : 9781482616118
Total Pages : 40 pages
Book Rating : 4.6/5 (161 download)

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Book Synopsis How to Answer Questions at Your Deposition by : David Grappo

Download or read book How to Answer Questions at Your Deposition written by David Grappo and published by Createspace Independent Pub. This book was released on 2013-03-04 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects a great deal of advice about what to do and not to do at a deposition. It prepares the witness for many of the common occurrences at a deposition. The book's scope goes well beyond the two basic rules that every witness should know: tell the truth, but volunteer nothing. It covers many other topics such as identifying and dealing with confusing questions, abusive conduct, and interruptions. Also discussed is the little known but widely used tactic of trial lawyers to use the foibles of your memory against you. What you think you know, but don't, can hurt you. The book explains your counter-tactic: talk less. Many examples and a self-test are given to illustrate the concepts. Though comprehensive, the booklet is also compact. Most can read through it in less than an hour. This book is designed for lay witnesses in any type of civil lawsuit. Young attorneys should benefit from it too. They can quickly learn lessons which experience will slowly teach them.

The Effective Deposition

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Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Effective Deposition by : David M. Malone

Download or read book The Effective Deposition written by David M. Malone and published by . This book was released on 2001 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mechanics of taking & defending depositions are simple, but to avoid mistakes you must be thoroughly familiar with the applicable rules. Small or inadvertent mistakes can cost money & time & prevent the use of valuable deposition testimony on behalf of your client. The authors help you master the critical deposition skills you need to compete in the courtroom. The revised second edition incorporates the 2000 amendments to the Federal Rules of Civil Procedure, which focus on the scope of discovery, the length of depositions & what is required by the mandatory disclosures.

The Deposition Handbook

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Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Deposition Handbook by : Dennis R. Suplee

Download or read book The Deposition Handbook written by Dennis R. Suplee and published by . This book was released on 1988 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Effective Deposition

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Publisher :
ISBN 13 : 9781556818400
Total Pages : 397 pages
Book Rating : 4.8/5 (184 download)

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Book Synopsis The Effective Deposition by : David M. Malone

Download or read book The Effective Deposition written by David M. Malone and published by . This book was released on 2006 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Executive's Guide to Depositions

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Publisher :
ISBN 13 : 9780314987167
Total Pages : 405 pages
Book Rating : 4.9/5 (871 download)

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Book Synopsis The Executive's Guide to Depositions by : John Franklin Lang

Download or read book The Executive's Guide to Depositions written by John Franklin Lang and published by . This book was released on 2008 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Executive's Guide to Depositions is a field manual for executives facing depositions in commercial cases. It is an indispensable treatise for anyone, including corporate counsel and educators, in need of an in-depth understanding of the strategies underlying taking and defending depositions. Written by an attorney with a broad range of litigation experience, the guide offers prospective deposition witnesses practical advice regarding maximizing value from counsel and minimizing witness expense and inconvenience. After previewing the content and style of typical deposition questioning, the guide surveys approaches to preparing for deposition testimony, including developing effective communication techniques, avoiding common witness pitfalls, and handling loaded questions. The guide comprehensively examines issues regarding protecting confidential information, recognizing attorney conflicts of interest, giving expert testimony, testifying at a videotaped deposition, and accommodating disabilities. The emphasis of the guide is on empowering witnesses, through case-focused preparation with qualified counsel, to testify accurately and convincingly, notwithstanding rigorous cross-examination by the opposition's attorney. Book jacket.

The Modern Deposition

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781548100094
Total Pages : 518 pages
Book Rating : 4.1/5 ( download)

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Book Synopsis The Modern Deposition by : Anthony Bocchino

Download or read book The Modern Deposition written by Anthony Bocchino and published by Createspace Independent Publishing Platform. This book was released on 2017-09-16 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the United States introduced depositions into civil litigation practice in 1938, they have been an invaluable tool of law. They are also a constantly evolving component of the American legal system. As Anthony J. Bocchino and David A. Sonenshein note in The Modern Deposition, the role of depositions may be changing, but lawyers and practices are still mired in the same staid techniques used in preparing them. Their new guide to depositions shows the need for a radical change in the way lawyers think about depositions. Bocchino and Sonenshein examine several key components of the deposition and its transformation: The factors that have led to major changes The usage of deposition testimony in modern litigation The case theory for depositions The keys to deposition preparation The importance of witness preparation The step-by-step process of a modern deposition The substantive issues of witness testimony The techniques of defending depositions The most important tools available to a civil litigator Bocchino and Sonenshein's exploration of the law demonstrates the need for innovation in civil litigation. Depositions must be both complete and comprehensive. The Modern Deposition shows you how to guarantee that they will be!