Avoiding Bad Depositions: A Simple Guide to Complex Issues, 1016 COBJ, Vol. 45, No. 10 Pg. 65
| Author | Mark Cohen, J. |
Mark Cohen, J.
Reviews of Legal Resources
by Janet S. Kole
149 pp.; $39.95
American Bar Association, 2014
321 N. Clark St., Chicago, IL 60654
(800) 285-2221; www.americanbar.org
Do you recall your first deposition? Did you have a mentor? Did you get a chance to observe a few depositions before actually taking or defending one? Or did a partner just throw you to the wolves and say, "Do the best you can."
If you work for a firm and want to become a litigator, the firm often starts you out by asking you to defend a deposition Defending a deposition requires less preparation than taking a deposition. If you don't like opposing counsel's question or are not sure whether the question is appropriate, you can always say, "Object as to form and foundation."
Taking your first deposition is much like skydiving for the first time. It's something new and it's scary because you are afraid of making a disastrous mistake. But once you've done it and survived, it soon becomes second nature. You learn the rules and begin to develop your own philosophy about depositions.
Avoiding Bad Depositions is a guide for the novice. It begins by explaining what a deposition is, what the goals of a deposition may be, and how depositions may be used. It then summarizes the rules applicable to d epositions, generally using the Federal Rules of Civil Procedure as a model. Next, it explains the mechanics of taking a deposition, such as preparing a Notice of Deposition or Subpoena. A chapter on defending a deposition contains a few nuggets of wisdom that most experienced litigators already know (instruct the witness to tell the truth, direct the witness not to elaborate, etc.).
The next few chapters offer thoughts on taking a deposition and how to best elicit facts from an opposing party witness and a non-party witness (familiarize yourself with the pleadings, determine the purpose of your deposition, prepare an outline...
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