Depositions

• Author: Ashley S. Lipson
• Pages: 697-830

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

Depositions

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

Opponent]

§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

Depositions

Form 10.5 Notice of Deposition (To a Business Entity, Agent

Identified)

Form 10.6 Notice of Deposition (To a Business Entity, Agent

Unidentified)

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

Subpoena

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

Depositions)

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