Nolo's Deposition Handbook

by Bergman, Paul; Moore, Albert J.

• ISBN13: 9781413301786
• ISBN10: 1413301789
• Edition: 3rd
• Format: Paperback
• Copyright: 2005-05-31
• Publisher: Nolo

Summary

Getting deposed can seem as mysterious and complicated as the tango. What are the right moves? The subtle signals to send? Is it possible to make it through without getting stepped on? The new, easy-to-follow guide to the entire deposition process, Nolo's Deposition Handbook is one guide that won't leave users sweaty-handed.Nolo's Deposition Handbook addresses witnesses, parties, experts and non-experts who will have their deposition taken; providing all the information, tips and instructions they need whether or not they are represented by a lawyer. Packed with concrete suggestions and examples, the book explains how to arrange a convenient date, prepare for the deposition and respond to questions with aplomb. Nolo's Deposition Handbook even includes the three "golden rules" for answering questions and points out the trick questions lawyers often use to try to influence testimony. Finally, the book discusses the questions one can refuse to answer and how to testify at a videotaped deposition.

Author Biography

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

Table of Contents

Introduction: How to Use This Book
Part One: Being Deposed	2	(1)
Part Two: Taking and Defending Depositions	3	(1)
The Federal Rules of Civil Procedure (FRCP)	4	(1)
Finding the Deposition Rules That Apply to You	5
PART ONE: BEING DEPOSED
An Overview of Deposition Procedures
Depositions in a Nutshell	3	(1)
Providing Notice of a Deposition	3	(2)
Deposition Scheduling Requirements	5	(1)
Rescheduling Your Deposition	5	(2)
Avoiding a Deposition Altogether	7	(1)
Duration of Depositions	8	(1)
Deposition Attendees	9	(5)
Document Production at Depositions	14	(1)
Reviewing and Signing Your Deposition	15
Using Depositions in a Lawsuit
Using Depositions Before Trial	2	(4)
Using Depositions in a Trial	6
Preparing to Give Deposition Testimony
Parties Represented by Attorneys	2	(2)
Parties Representing Themselves	4	(12)
Nonparty Witnesses	16
Responding to Questions
The Golden Rules for Responding to Questions	3	(5)
Responding to Common Questions	8	(2)
Responding to Trick Questions	10	(10)
Responding to Requests for Future Action	20	(2)
Finishing Interrupted Answers	22	(1)
Handling Fatigue	22	(2)
Objections	24	(1)
Reviewing and Signing Your Deposition	25
Beginning a Deposition: ``The Usual Admonitions''
Admonitions Defined	2	(1)
Purposes of Admonitions	2	(1)
Admonitions: Examples and Explanations	3
Background Questions
Hidden Agendas	2	(2)
Legitimacy of Background Questions	4	(1)
Your Employment History	5	(2)
Your Educational Background	7	(1)
Other Background Topics	8
Questions You Can Legally Refuse to Answer
Privileged Communications	2	(6)
The Work Product Privilege	8	(2)
Evidence of Criminal Activity	10	(2)
Private Information	12
Expert Witness Deponents
The Difference Between Expert and Nonexpert Witnesses	2	(6)
Predeposition Disclosures	8	(1)
Typical Predeposition Involvement	9	(3)
The Importance of Thorough Deposition Preparation	12	(1)
The Predeposition Planning Meeting	13	(1)
Typical Deposition Questioning	14
PART TWO: TAKING AND DEFENDING DEPOSITIONS
The Lay of the Discovery Landscape
The Purposes of Discovery	2	(1)
Impediments to Achieving Discovery Goals	3	(1)
Voluntary Disclosure	4	(1)
Informal Discovery	4	(1)
Discovery Plans	5	(1)
General Rules of Discovery Questioning	6	(1)
Enforcing Discovery Rules	7	(1)
An Overview of Formal Discovery Methods	8
Defending a Deposition
Preparing for the Deposition	3	(1)
Listening Carefully	4	(1)
Eliciting Additional Information After Your Opponent's Questioning	5	(3)
Entering Into Stipulations	8	(1)
Making Objections	9	(14)
Terminating a Deposition	23
Taking a Deposition: Deposing a ``Hostile'' Witness
Should You Take a Deposition?	3	(1)
Deciding Whom to Depose	4	(2)
Preparing to Take a Deposition	6	(3)
Beginning the Deposition: Preliminary Questioning	9	(1)
The Two Basic Forms of Questions	10	(1)
Using the Two Basic Forms of Questions	11	(9)
Using Documents	20	(5)
Responding to an Evasive Witness	25	(2)
Depositions Arranged by Your Opponent	27
Taking a Deposition: Responding to a Defending Attorney's Roadblocks
Responding to Objections	3	(14)
Responding to Instructions Not to Answer	17	(6)
Responding to Coaching of the Deponent	23	(5)
The Bottom Line	28
Taking a Deposition: Deposing a ``Friendly'' Witness
When to Depose a Friendly Witness	2	(1)
Offering Deposition Testimony Into Evidence	3	(1)
Eliciting All Favorable Evidence	3	(1)
Complying With Evidence Rules	4	(1)
Videotaped Depositions
The Rules of Videotaped Depositions	4	(3)
When Should You Videotape a Deposition?	7	(2)
Disadvantages of Videotaping	9	(1)
Taking an Effective Videotaped Deposition	10	(2)
Defending a Videotaped Deposition	12	(1)
Glossary
Appendix 1: Excerpts From the Federal Rules of Civil Procedure (FRCP)
Appendix 2: State Discovery and Deposition Rules
Appendix 3: Sample Forms
Index