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.
