As a result, the beginning of the discovery deposition serves the multiple
functions of: 1) establishing the fairness of the ... 3) setting out the formula for
asking and answering questions to anticipate and obviate impediments to
Author: Anthony J. Bocchino
Publisher: Wolters Kluwer Law & Business
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.
Typically, a deposition is used to develop trial strategy and obtain information in
preparation for trial. In California ... Meet with your attorney in advance, to discuss
the type of questions you can expect to be asked, and how to answer. Discuss ...
Author: Debra Schoenberg
Publisher: Addicus Books
Providing accurate and objective information to help make the right decisions during a divorce in California, this guide provides answers to 360 queries such as What is the mediation process in California and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.
Questions in a deposition may cover a broad range of topics including your
education, work, income, and family. ... Remember the following advice when answering questions during your deposition: Never state facts that you do not
Author: Linda Vanden Heuvel
Publisher: Addicus Books
Providing accurate and objective information to help make the right decisions during a divorce in Wisconsin, this guide provides answers to 360 queries such as What is the mediation process in Wisconsin and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding in the state of Wisconsin.
deposition, even during what seems to be only routine inquiries. Here, of course,
the danger is that the seeming routineness of a question may cause you to be
inattentive and answer it inaccurately. (Chapter 6 provides an illustrative example
Author: Paul Bergman
Getting deposed? Conducting a deposition? Here's the book you need to take the mystery out of the deposition process and answer questions with confidence. You'll even learn the three "golden rules" for answering questions and the trick questions lawyers often use to influence testimony. A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, new material on "electronic discovery" which applies to information stored in computers, including records and emails.
A deponent therefore can (and should) take plenty of time when answering a question during a deposition. The second use of a deposition at trial is to “
impeach” the deponent — i.e. if the deponent appears as a witness at trial, his deposition ...
Author: Peter S. Canelias
Publisher: Aspen Publishers Online
Patent professionals know it all too well: hunting for precedent before drafting a document is a lengthy, time-consuming process. At least it used to be...Now you can find the most commonly-used forms in patent work quickly and easily in Patent Practice Forms, the single-volume guide that gives you a time-saving head start to any drafting assignment relating to patent prosecution, litigation and opinion work.Patent Practice Forms includes current versions of more than 240 frequently- used forms. These practice-tested sample documents are grouped and numbered according to the major areas of patent work: patent applications, patent prosecution, appeals and reissues, pleadings, discovery, motion practice, trials, remedies and opinions.Not only does Patent Practice Forms give you model documents that save time and effort, it helps you identify special considerations that must be addressed when dealing with:Design Patents in conjunction with trademark and trade dress issuesDiscovery Forms including document requests and interrogatories which highlight the relevant areas for inquiry in a patent caseMotion forms addressing bifurcation of trial, antitrust (Walker Process claims), motions in limine to preclude expert testimony, and Markman claim constructionTrials and Jury Instructions and the need for 'particularized testimony and linking arguments'Petitions and Affidavits including affidavits in support of one or more of the accepted 'secondary considerations' indicating non-obviousness, and petitions for filing a patent application by assignee, rather than the actual inventorProtective Orders to prevent unauthorized disclosure of confidential information, and relating to the timing of designation of information as confidentialOpinions of patentability of an invention, infringement and validity of an issued patent by a product, a 'right to use' opinion, and opinions specifically directed to design patents and their special test for validity and infringementAppeals from the PTO, including a form of appeal brief to the Board of Patent Appeals and Interferences from a final rejection of applicant's claimsOrders to Show Cause used in motions for injuctive relief or to stay a judgment pending appealAnd much more.
CHAPTER 7 FINE - TUNING YOUR DEPOSITION Under the law , you cannot do
much in depositions other than answer questions . You cannot refuse to answer questions unless so instructed by your attorney . By yourself , you cannot ask ...
Author: Raymond M. Fish
Publisher: Practice Mgmt Information Corporation
A must-read for any professional, whether as a reference text or as a quick source for helpful tips in the event of a lawsuit. It acts as a defense against the trial lawyer's most powerful weapon, the deposition. Addresses such issues as the attorney-client relationship, tricky questions to counter during depositions, and psychological warfare and tactics.
11.2 Preparation for a Deposition A toxicologist always reviews the documents
that were used and cited in the report to reach conclusions and ... Answer the question without giving an elaborate explanation or justification of your answer.
Author: Kalipatnapu N. Rao
Publisher: CRC Press
Modern technology using state-of-the-art equipment can now identify almost any toxin relevant to a legal issue. Techniques include gas chromatography, mass spectrometry, high-pressure liquid chromatography, and the combination of these methods. Forensic Toxicology: Medico-legal Case Studies demonstrates how the science of forensic toxicology acts a
An articulated, substantiated, and thorough deposition can vastly contribute to an
amicable and expedient settlement. You must also be ... Do not be reluctant to answer questions about your fees or compensation. You are being paid for your ...
Author: Jack V. Matson
Publisher: CRC Press
Expert witnesses have traditionally faced enormous challenges in the courtroom. The Daubert decision and the more recent Kumho ruling have further intensified the scrutiny on professionals in all disciplines expressing their expert opinions. Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case
It is usually a good idea to wait a moment or two before answering any question
during the deposition (as opposed to the trial). The brief pause will provide you
with additional time to get your answer the way you want it, and it will provide your ...
Author: Frederic G. Reamer
Publisher: Columbia University Press
Category: Social Science
This new text is based on Frederic G. Reamer's key reference for practitioners, Social Work Malpractice and Liability: Strategies for Prevention. Rooted in his own experiences as an expert witness in court and licensing board cases, the volume introduces the concepts of negligence, malpractice, and liability before turning to the subject of risk management. Reflecting on recent legal cases and research, Reamer identifies a variety of problems in the social work field relating to privacy and confidentiality, improper treatment and delivery of services, impaired practitioners, supervision, consultations and referrals, fraud and deception, and termination of service. He also explores the unprecedented ethical challenges created by new digital technologies—such as online counseling, video counseling, and practitioners' use of social networks and social media—and describes current issues relating to HIPAA compliance and access to electronic health records (EHR) and health information exchanges (HIE).He concludes with practical suggestions for social workers named as defendants in lawsuits and respondents in licensing board complaints.
Then, the lawyer asks, "Do you remember that I asked this question. . . ?"
followed by, "Did you answer. . . ?" Once in a while, the lawyer will ask if the
witness was sworn to tell the truth at the time of the deposition. A copy of the
transcript is not ...
Author: Charles Bruess
Publisher: Dog Ear Publishing
This book contains examples of effective and ineffective trial techniques that are seldom, if ever, taught in law schools. These examples are real, not hypothetical, and have been compiled from the author's experiences as: A Navy JAG lawyer for three years; A trial lawyer in practice for thirty years; and A federal courtroom deputy for almost ten years. In this position, he was able to observe over eighty trials and contested hearings as a neutral observer and to discuss with jurors at the conclusion of trials to learn what they considered effective and ineffective trial techniques. MR. BRUESS graduated cum laude from both the University of Minnesota (1959) and the Indiana University School of Law (1963). From 1961-1962, he was a member of the Indiana Law Journal and was a Note Editor during the 1962-1963 school year. Upon graduation from law school, he was selected for membership in the Order of the Coif. Following the completion of Officer Candidate School, Mr. Bruess served as a legal officer with the Judge Advocate General Corps of the United States Navy from 1964-1967. From 1967-1997, Mr. Bruess was a trial lawyer with Barnes & Thornburg in Indianapolis, Indiana. From 1999-2008, he served as a courtroom deputy for the Honorable David F. Hamilton of the United States District Court for the Southern District of Indiana."
Do not be reluctant to answer questions about your fees or compensation. ...
Process of Deposing Expert Witnesses The rest of this chapter is intended to give
you an idea of what to expect during a deposition and how to handle the process.
Author: Jack V. Matson
Publisher: CRC Press
The testimony of an expert witness can lead to success or failure in cases that hinge on the presentation’s impact on a jury. Effective Expert Witnessing, Fifth Edition: Practices for the 21st Century explores the fundamentals of litigation, trial preparation, courtroom presentation, and the business of expert witnessing. Extensively updated to reflect new developments since the last edition, it provides practical advice enabling expert witnesses and attorneys to maximize the effectiveness of their expert testimony. The Fifth Edition includes three new chapters. The first uses a hypothetical case study to explore expert witness immunity and issues related to professional malpractice and civil liability. In a chapter on psychology and the art of expert persuasion, noted social psychologist and witness preparation specialist Ann T. Greeley reveals the psychology of juries, discusses what makes an expert effective, and provides tips for conveying effective testimony through verbal and nonverbal behavior and graphics and technology. The final chapter surveys nine of the worst mistakes an expert can make and provides tips on how to avoid them. Accompanying the book is an invaluable CD-ROM in which Dr. Matson introduces video clips demonstrating effective and ineffective expert testimony at deposition and trial. The book and supplemental CD-ROM provide robust strategies ensuring that expert witnesses have the best possible advantage in presenting testimony that is credible, persuasive, and compelling.
Form 3-2 is a guide to help you get started with your deposition questions. The
sample questions in ... But, it's a lot easier to read your notes on a given question
than it is to find that question and answer on an audio tape. To recap the use of ...
Author: Harvey L. Cox
Publisher: Harvey L Cox
Research shows that almost 80% of judicial money judgments in Texas remain uncollected. "How to Collect Your Own Judgment in Texas" teaches you everything you need to know to collect your own money judgment in Texas. The book outlines the 7 basic steps you need to follow to successfully collect your Texas judgment. And, you get all of this information in plain English.
In response to a question that you can't answer as asked, you might say
something simple but blunt, such as “I'm not able to answer your question as
worded. Would you rephrase it?” If you're inclined to help others, don't do so at deposition.
Author: Carol Pollard
Publisher: John Wiley & Sons
Uncover a digital trail of e-evidence by using the helpful, easy-to-understand information in Computer Forensics For Dummies! Professional and armchair investigators alike can learn the basics of computer forensics, from digging out electronic evidence to solving the case. You won’t need a computer science degree to master e-discovery. Find and filter data in mobile devices, e-mail, and other Web-based technologies. You’ll learn all about e-mail and Web-based forensics, mobile forensics, passwords and encryption, and other e-evidence found through VoIP, voicemail, legacy mainframes, and databases. You’ll discover how to use the latest forensic software, tools, and equipment to find the answers that you’re looking for in record time. When you understand how data is stored, encrypted, and recovered, you’ll be able to protect your personal privacy as well. By the time you finish reading this book, you’ll know how to: Prepare for and conduct computer forensics investigations Find and filter data Protect personal privacy Transfer evidence without contaminating it Anticipate legal loopholes and opponents’ methods Handle passwords and encrypted data Work with the courts and win the case Plus, Computer Forensics for Dummies includes lists of things that everyone interested in computer forensics should know, do, and build. Discover how to get qualified for a career in computer forensics, what to do to be a great investigator and expert witness, and how to build a forensics lab or toolkit. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
The handbook may not answer all your questions directly; rather, it is intended to
lead you in the right direction and provide enough information to decide how to
address the issue in your area. Atmospheric Deposition 101 Pollutants released
“Now, you testified about your opinion about Lois Jenson, and it's true, isn't it, that
you really haven't liked Lois Jenson since ... “Do you recall at your deposition that
I asked you these questions, and you had this answer: Question: “Do you think ...
Author: Clara Bingham
Category: Social Science
The true story of Lois Jenson, a petite single mother, who was among the first women hired by a northern Minnesota iron mine in 1975. In this brutal workplace, female miners were relentlessly threatened with pornographic graffiti, denigrating language, stalking, and physical assaults. Terrified of losing their jobs, the women kept their problems largely to themselves—until Lois, devastated by the abuse, found the courage to file a complaint against the company in 1984. Despite all of the obstacles the legal system threw at them, Lois and her fellow plaintiffs enlisted the aid of a dedicated team of lawyers and ultimately prevailed. Weaving personal stories with legal drama, Class Action shows how these terrifically brave women made history, although not without enormous personal cost. Told at a thriller’s pace, this is the story of how one woman pioneered and won the first sexual harassment class action suit in the United States, a legal milestone that immeasurably improved working conditions for American women.
Author: American Law Institute-American Bar Association Committee on Continuing Professional EducationPublish On: 1990
If you answer any question in a way that makes you uncomfortable, you can
correct or clarify the answer later. You should request a recess and confer with
counsel (or confer with counsel at the next break) and resume the deposition by ...
Author: American Law Institute-American Bar Association Committee on Continuing Professional Education
Depositions Depositions are the 2,000-pound gorillas of discovery. They are the
most important, time consuming, dispute-producing, money-draining aspect of
discovery. A deposition is an oral question and answer session conducted by
Author: Kenneth Menendez
Publisher: Silver Lake Publishing
Consumers need to know how to manage their lawyers and keep legal costs to a minimum. This book explains how a lawsuit begins, progresses and ends. The new edition includes updated case studies.
The attorney may propose a mock deposition in which he or she assumes the
role of the opposing counsel who will ... the impressions made at a deposition
can be described in four scenarios : ( 1 ) answering questions , ( 2 ) interacting
Author: Charles C. Sharpe
Publisher: Greenwood Publishing Group
Students and professional nurses at any level of clinical practice will find this book to be a vital resource on the basic legal concepts and principles of malpractice, liability, and risk management, and their implications for the profession. The book also provides detailed strategies for dealing with these issues. The content is highly relevant to practitioners in other health care and legal disciplines that collaborate in the delivery of health care. The book addresses the continuing changes in health care, particularly managed care, and rapidly developing technologies that will present new legal issues and questions. This is all done in an accessible, readable, and easy to use format.
No matter how obvious the answer , briefly answer only those questions
regarding the current lawsuit . D RAMBLING ROSE QUESTIONS A rambling rose
is a lengthy question containing multiple assumptions . Under the pressures of a deposition , it is almost impossible to separate the underlying assumptions , nor
should any attempt be made to do so . Mr. E's job is to answer the specific questions ...
Prior to the deposition, you should make sure that you have advised what your deposition fee is, and be clear on who will pay it and when it will be paid. ...
Always allow the attorney to finish his or her question before beginning your answer.
Author: Philip M. Stahl
Publisher: SAGE Publications
Category: Family & Relationships
Over the past five to 10 years, there has been a significant increase in the use of child custody evaluations by the courts. At the same time, the issues have become more complex and difficult. In this book, the author provides a theoretical and practical understanding of many of the issues. A key component is the integration of disparate research findings into a comprehensive resource that will enable the evaluator and the court to understand these complex issues. A second component is to provide a thorough understanding of the fact that divorce brings with it a set of complex needs, and evaluators and the courts must develop a paradigm for weighing these needs in a comprehensive manner.