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Deposition process and procedure

Byadmin

The following are issues that should be considered when setting depositions or participating in them as a lawyer or expert:

Basic Process and Procedure

    • Strategic Planning

        • Witness Preparation

           

            • Tips and strategies

            • Difficulties to avoid

            • Your percipient witness vs. your PMK

            • When your witness won’t prepare

            • When your witness won’t listen to you as you prepare them

            • When your witness is going to be a disaster

            • Ethical considerations

          Expert Witness Depositions

           

            • Your Expert Witness:

               

                • Choosing & Preparing your Expert Witnesses

                • When you discover that your Expert Witness is a disaster

                • Strategies to show your Expert’s qualifications

            • The Opponent’s Expert Witness Deposition

               

                • Effective opposition research options

                • Strategies to attack their Experts

                • Attacking the expert with his/her own words from various sources

            • Using Motions in Limine to exclude expert or testimony

            • Live Demonstrations

          Handling Documents & Exhibits and Online Depos

           

            • Making the record

            • Getting the authentication you need

            • Admissibility at trial

            • Online depo advice

            • Handling documents/exhibits in an online depo

          Impeaching the Witness – Practical Advice and Strategies

           

            • When, why and why not?

            • Impeaching with Prior Inconsistent Statements

            • Impeaching by showing bias and motivation

            • Impeaching by showing (in)competency

            • Impeaching by attacking character for truthfulness

            • Differences explained and strategies offered when impeaching during the depo versus impeachment during trial

            • Live Demonstrations

          Deposition Objections

           

            • How and why do I do it?

            • Objection strategies

            • What to avoid

            • Biggest risks in objecting and not objecting

            • Opposing counsel that objects to everything

            • Calling the judge – and how to avoid it

            • Real-world examples

            • Live Demonstrations

          Handling the Difficult Witness and/or Opposing Counsel

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