Question of the day for June 13, 2018

Does a party have an obligation under the Federal Rules of Civil Procedure to supplement their deposition testimony after the transcript has been delivered to the counsel who noticed the deposition, but before trial?

Question of the day for June 12, 2018

If you have properly noticed the deposition of the opposing party and neither the party nor his counsel shows up at the deposition and did not contact you to explain their absence, what should you do? 

Question of the day for June 11, 2018

If a client witness in a deposition gives testimony you know to be false, what should you do?

Question of the day for June 8, 2018

When deposing an expert witness are there any prohibited subjects of examination?

Question of the day for June 7, 2018

In a deposition in a civil lawsuit, may the Fifth Amendment right against self-incrimination be asserted on behalf of a corporation?

Question of the day for June 6, 2018

What is metadata and when, if ever, does a person or company have a legal duty to preserve it?

Question of the day for June 5, 2018

When, if ever, should you consider taking a deposition by telephone?

Question of the day for June 4, 2018

Identify one possible purpose for taking a deposition

Welcome to Taking and Defending Depositions

With only a small percentage of cases actually going to trial, the real battleground for most litigation is in discovery and the deposition is a primary discovery tool.  Depositions can make or break a client’s case and knowing how to effectively take and defend depositions is key to any successful litigation strategy. Deposition testimony often plays a pivotal role in determining motions for summary judgment and in settlement.

This is a practical skills course and students will learn the basics of taking and defending the depositions of lay witnesses, Rule 30(b)(6) corporate representatives and expert witnesses. Taking an effective deposition is not a science, but an art form which improves with experience. Nothing substitutes for the actual taking of a deposition. Nonetheless, understanding the basic procedural rules and the underlying purposes and techniques of the deposition process will help the future lawyer be more successful in his/her first deposition and avoid mistakes otherwise learned only through trial and error. Student learning will be achieved through lecture, readings, video examples, in-class discussion and a mock deposition exercise.

Upon successful completion of the course, students will:

•  Learn the applicable Federal Rules of Civil Procedure that govern depositions, 
• Understand the different types of depositions, the various purposes for taking a deposition and the relative advantages and disadvantages of depositions as a discovery tool.
• Learn the basic fundamentals of taking and defending depositions, including how to prepare an examination outline, how to examine various types of deponents, how to use documents, how to assert and respond to objections and privilege issues, and how to properly prepare a client deponent,
• Understand and critically assess the potential ethical issues surrounding depositions and possible sanctions available for unprofessional conduct in the deposition process. 
• Understand and appreciate the impact of technology on both the scope of discovery and how depositions are conducted.

PLEASE NOTE THAT STUDENTS MUST COMPLETE A BRIEF SURVEY ON TWEN BY JUNE 1, 2018 AND THAT ALL READINGS MUST BE DONE BEFORE COMING TO CLASS.