AuthorAshley S. Lipson
Cross-examination is the highest art form—a finely tuned
ballet of movement, gesture and articulation, meticulously
choreographed by the lawyer-artist for the sole purpose
of seizing and conducting the thoughts and words of a
forewarned and unwilling enemy.
Chapter 10
Table of Contents
§10.10 Basic Training and Strategy
§10.11 Introducing Hand-to-Hand Combat
§10.12 Media Selection
§10.12(a) Stenographically Recorded Depositions
§10.12(b) Audiotaped Depositions
§10.12(c) Videotaped Depositions
§10.12(d) Telephonic Depositions
§10.12(e) Videoconferenced Depositions
§10.12(f) Web-Based Streaming Depositions
§10.12(g) Depositions Upon Written Questions
§10.20 The People That You Intend to Depose
§10.21 Parties in General
§10.21(a) Enemy Parties
§10.21(b) Allied Parties
§10.22 Lay Witnesses
§10.23 Expert Witnesses
§10.23(a) Enemy Experts
§10.23(b) Allied Experts
§10.24 Attorneys
§10.30 Tips for Timing and Positioning Your Attack
§10.40 The Rules That You Need
§10.41 Federal Rules Pertaining to Depositions
§10.50 Scheduling and Taking the Deposition
§10.51 The Skills of Direct Examination
§10.51(a) Client Preparation
§10.51(b) Tips for General Interrogation
§10.52 The Art of Cross-Examination [Direct Examination of
§10.52(a) Cross-Examination Goals
§10.52(b) Critical Tips for an Effective Attack on the Deponent
§10.52(c) Quips and Tricks for Handling Difficult Deponents
§10.52(d) The Ten Commandments of Cross-Examination
Contents continued on next page
Guerrilla Discovery 10-2
§10.53 How to Combat Obnoxious Lawyers
§10.53(a) Generally Obnoxious Behavior
§10.53(b) Coaching During Interrogation
§10.53(c) Coaching Off-the-Record
§10.53(d) Obnoxious Objections
§10.54 How to Combat Obnoxious Deponents
§10.55 Guerrilla Deposition Checklist [From Reveille to Taps]
§10.56 Deposition Checklists for Specific Actions
§10.56(a) Uni-Party Checklist — Breach of Contract
§10.56(b) Uni-Party Checklist — Tort Actions
§10.57 Electronic Deposition Checklist
§10.60 Defending the Deposition
§10.61 Preparing and Defending Your Client
§10.61(a) Attacking the Notice of Deposition
§10.61(b) The Client Preparation Checklist
§10.61(c) Simulated Examination
§10.61(d) Attending the Deposition
§10.61(e) Terminating the Deposition
§10.61(f) Crash Course in Objection Warfare
§10.62 Preparing and Defending Your Expert
§10.70 Enforcement
§10.80 The Forms That You Need
Form 10.1 Notice of Deposition (Basic)
Form 10.2 Petition to Allow Deposition Prior to Commencement of
Action to Preserve and Perpetuate Testimony
Form 10.3 Notice of Deposition to Preserve and Perpetuate
Testimony (Prior to Commencement)
Form 10.4 Stipulations of Counsel Pertaining to Discovery
Form 10.5 Notice of Deposition (To a Business Entity, Agent
Form 10.6 Notice of Deposition (To a Business Entity, Agent
Form 10.7 Notice of Deposition (To Records Custodian)
Form 10.8 Notice of Deposition (Non-Stenographic)
Form 10.9 Petition to Allow Deposition Pending Appeal
Contents continued on next page
10-3 Depositions
Form 10.10 Motion for Deposition Pending Appeal
Form 10.11 Motion for Additional Deposition
Form 10.12 Application for Commission
Form 10.13 Commission
Form 10.14 Combined Discovery Request
Form 10.15 Notice of Deposition and Notice for Production of
Documents (Non-Party)
Form 10.16 Objections to Notice of Deposition
Form 10.17 Motion to Quash Deposition Subpoena
Form 10.18 Motion to Terminate Deposition
Form 10.19 Motion for Costs for Failure to Issue Deposition
Form 10.20 Motion to Suppress Deposition
Form 10.21 Set-Up Letter (Failure to Attend Depositions)
Form 10.22 Motion to Compel Deposition
Form 10.23 Motion to Compel Deposition Upon Oral Testimony
Form 10.24 Motion for Contempt Citation, Sanctions, and
Dispositive Relief
Form 10.25 Response to Set-up Letter (Failure to Attend
Form 10.26 Answer to Motion to Compel Deposition
Form 10.27 Answer to Motion for Sanctions and Dispositive Relief
Form 10.28 Notice of Deposition (To Custodian of Digital and
Electronic Records)
Form 10.29 Motion to Preclude Interference

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT