Chapter 6 - 6.1 Anticipating Objections

• Jurisdiction: Virginia

6.1 ANTICIPATING OBJECTIONS

6.101 Strategic Planning. Interrogatory questions or answers, deposition evidence, admissions requested and those received, or the items requested in document production all provide clues to what opposing counsel thinks is important and how he or she intends to prove the case. A list or outline may be helpful as a reminder to target areas in which, given the discovery materials, the objectionable information or distortion of the facts seems likely to occur. Then, if the opponent mentions an area of potential objection, counsel should evaluate whether to object to it at that point or instead plan to address or minimize the effect of the opponent's version on cross or redirect examination. When possible, counsel should anticipate the nature of the objection and have copies of the cases or law that support the client's position available to provide to opposing counsel and the court in support...