Litigation 101: Depositions
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The document is a presentation on depositions in litigation, outlining key considerations before, during, and after the deposition process. It emphasizes the importance of knowing the relevant law, rules, and purpose of the deposition, while also giving tips on preparation and questioning strategies. Additionally, it highlights the necessity of actively listening during depositions and adapting the strategy as needed.
Litigation 101: Depositions
- 1. z Litigation 101: Depositions presented by Kate Connor Ferguson Litigation 101 September 16, 2014
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- 3. z Before The Deposition +Know Your Case +Know the Rules +Know the Purpose
- 4. z Know Your Case +What is the Relevant Law? +What are the Key Facts? + Paper Discovery, Witness Interviews + Review Documents Thoroughly
- 5. z Know the Rules +Federal Court + When – No Discovery Permitted Until After CMC + Number – Each Side is Limited to 10 Depositions (FRCP 30) + Duration – Each Deposition is Limited to 7 hours +State Court + No such limitations (BUT, check local rules to verify)
- 6. z Know the Purpose +Pin Witness Down to Relevant Facts. +Set Foundation for Summary Judgment. +Preclude Summary Judgment. +Neutralize a Witness. +Enhance Opportunities for Settlement.
- 7. z Create an Outline +Write out specific questions + Go back to Deposition’s Purpose + Ex: Leading questions essential in summary judgment context. + Ex: Open-ended questions are more useful to determine all known facts. + Incorporate documents and answers to written discovery
- 8. z During the Deposition +Listen to the Witness’s Answers + Has the Deponent Answered the Question? +Depart from Outline to Follow-up and Explore Unexpected Lines of Questioning +Be Cordial, to the Witness and Opposing Counsel
- 9. z Questions? Kate Ferguson Kegler Brown Hill + Ritter [email protected] keglerbrown.com/ferguson 614-462-5454