Nolo's Deposition Handbook

by Bergman, Paul; More, Albert; Moore, Albert J.

• ISBN13: 9780873375382
• ISBN10: 0873375386
• Edition: 1st
• Format: Paperback
• Copyright: 1999-10-01
• Publisher: Nolo.Com

Author Biography

Paul Bergman and Albert Moore are law professors at the UCLA School of Law

Table of Contents

How to Use This Book
Part One: Information for Deponents	p. 3
Part Two: Information for Pro Se (Self-Represented) Litigants	p. 4
The Federal Rules of Civil Procedure ("FRCP")	p. 5
How Pro Se Litigants Can Find the Deposition Rules That Apply to Them	p. 5
Overview of Deposition Procedures
Depositions in a Nutshell	p. 3
Noticing a Deposition	p. 3
Deposition Scheduling Requirements	p. 5
Rescheduling Your Deposition	p. 6
Avoiding a Deposition Altogether	p. 8
Duration of Depositions	p. 9
Deposition Attendees	p. 11
Document Production at Depositions	p. 16
Review and Signature	p. 17
Using Depositions in Civil Litigation
Using Depositions Prior to Trial	p. 2
Primary Trial Uses of Depositions	p. 7
Preparing to Give Deposition Testimony
Parties Represented by Counsel	p. 2
"Pro Se" Litigants	p. 4
Non-Party Witnesses	p. 17
Responding to Questions
The Golden Rules for Responding to Questions	p. 3
Responding to Common Questions	p. 9
Responding to "Trick" Questions	p. 11
Responding to Requests for Future Action	p. 21
Finishing Interrupted Answers	p. 23
Handling Fatigue	p. 24
Objections	p. 26
Reading and Signing Your Deposition	p. 26
Beginning a Deposition: "Round Up the Usual Admonitions"
Admonitions Defined	p. 2
Purposes of Admonitions	p. 3
Admonitions: Examples and Explanations	p. 3
Background Questions
Hidden Agendas	p. 2
Legitimacy of Background Questioning	p. 4
Your Employment History	p. 5
Your Educational Background	p. 8
Other "Background" Topics	p. 9
Questions You Can Legally Refuse to Answer
Privileged Communications	p. 2
The "Work Product" Privilege	p. 9
Evidence of Criminal Activity	p. 10
Private Information	p. 13
Expert Witness Deponents
The Main Differences Between Expert and Non-Expert ("Lay") Witnesses	p. 2
Pre-Deposition Disclosures	p. 9
Typical Pre-Deposition Involvement	p. 11
The Importance of Thorough Deposition Preparation	p. 14
The Pre-Deposition Planning Meeting	p. 16
Typical Deposition Questioning	p. 17
The Lay of the Discovery Landscape
Purposes of Discovery	p. 2
Impediments to Accomplishment of Discovery Goals	p. 3
Voluntary Disclosure	p. 4
Informal Discovery	p. 5
Discovery Plans	p. 6
General Rules Governing Discovery Questioning	p. 7
Enforcing Discovery Rules	p. 8
Overview of Formal Discovery Methods	p. 9
Defending a Deposition
Pre-Deposition Preparation	p. 4
The Need for Careful Listening	p. 4
Eliciting Additional Information After Your Adversary's Questioning	p. 5
Entering Into Stipulations	p. 9
Making Objections	p. 10
Beyond Objections: Suspending a Deposition to Seek a Protective Order	p. 25
Taking a Deposition: Deposing a "Hostile" Witness
Should You Take a Deposition?	p. 3
Deciding Who to Depose	p. 4
Preparing to Take a Deposition	p. 6
Beginning the Deposition: Preliminary Questioning	p. 10
Two Basic Forms of Questions	p. 10
Using the Two Basic Forms of Questions	p. 11
Using Documents	p. 19
Responding to the Evasive Witness	p. 24
Depositions Arranged by Your Adversary	p. 26
Taking a Deposition: Responding to a Defending Attorney's Roadblocks
Responding to Objections	p. 3
Responding to Instructions Not to Answer	p. 18
Coaching	p. 25
Conclusion	p. 30
Taking a Deposition: Deposing the "Friendly" Witness
When to Depose a Friendly Witness	p. 2
Offering Deposition Testimony Into Evidence	p. 3
Elicit All Favorable Evidence	p. 3
Comply With Evidence Rules	p. 4
Videotaped Depositions
Rules Governing Videotaped Depositions	p. 3
When Should You Videotape a Deposition?	p. 6
Disadvantages of Videotaping	p. 8
Tips for Taking an Effective Videotaped Deposition	p. 9
Defending a Videotaped Deposition	p. 11
Glossary
Excerpts: Federal Rules of Civil Procedure
State Discovery and Deposition Rules
Sample Forms
Index
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