Nolo's Deposition Handbook

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

• ISBN13: 9780873377669
• ISBN10: 0873377664
• Format: Paperback
• Copyright: 2001-09-01
• Publisher: Nolo

Author Biography

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

Table of Contents

PART ONE: BEING DEPOSED
How to Use This Book
Part One: Being Deposed	1/2	(1)
Taking and Defending Depositions	1/3	(1)
The Federal Rules of Civil Procedure (``FRCP'')	1/4	(1)
How Pro Se Litigants Can Find the Deposition Rules That Apply to Them	1/5	(1)
Overview of Deposition Procedures
Depositions in a Nutshell	2/3	(1)
Noticing a Deposition	2/3	(1)
Deposition Scheduling Requirements	2/5	(1)
Rescheduling Your Deposition	2/5	(1)
Avoiding a Deposition Altogether	2/7	(1)
Duration of Depositions	2/8	(1)
Deposition Attendees	2/9	(1)
Document Production at Depositions	2/14	(1)
Review and Signature	2/15	(1)
Using Depositions in Civil Litigation
Using Depositions Prior to Trial	3/2	(1)
Primary Trial Uses of Depositions	3/6	(1)
Preparing to Give Deposition Testimony
Parties Represented by Counsel	4/2	(1)
``Pro Se'' Litigants	4/4	(1)
Non-Party Witnesses	4/16	(1)
Responding to Questions
The Golden Rules for Responding to Questions	5/3	(1)
Responding to Common Questions	5/8	(1)
Responding to ``Trick'' Questions	5/10	(1)
Responding to Requests for Future Action	5/20	(1)
Finishing Interrupted Answers	5/22	(1)
Handling Fatigue	5/22	(1)
Objections	5/25	(1)
Reading and Signing Your Deposition	5/25	(1)
Beginning a Deposition: ``Round Up the Usual Admonitions''
Admonitions Defined	6/2	(1)
Purposes of Admonitions	6/2	(1)
Admonitions: Examples and Explanations	6/3	(1)
Background Questions
Hidden Agendas	7/2	(1)
Legitimacy of Background Questioning	7/4	(1)
Your Employment History	7/5	(1)
Your Educational Background	7/7	(1)
Other ``Background'' Topics	7/8	(1)
Questions You Can Legally Refuse to Answer
Privileged Communications	8/2	(1)
The ``Work Product'' Privilege	8/8	(1)
Evidence of Criminal Activity	8/10	(1)
Private Information	8/12	(1)
Expert Witness Deponents
The Main Differences Between Expert and Non-Expert (``Lay'') Witnesses	9/2	(1)
Pre-Deposition Disclosures	9/8	(1)
Typical Pre-Deposition Involvement	9/9	(1)
The Importance of Thorough Deposition Preparation	9/12	(1)
The Pre-Deposition Planning Meeting	9/13	(1)
Typical Deposition Questioning	9/14	(1)
PART TWO: TAKING AND DEFENDING DEPOSITIONS
The Lay of the Discovery Landscape
Purpose of Discovery	10/2	(1)
Impediments to Accomplishment of Discovery Goals	10/3	(1)
Voluntary Disclosure	10/4	(1)
Informal Discovery	10/4	(1)
Discovery Plans	10/5	(1)
General Rules Governing Discovery Questioning	10/6	(1)
Enforcing Discovery Rules	10/8	(1)
Overview of Formal Discovery Methods	10/8	(1)
Defending a Deposition
Pre-Deposition Preparation	11/3	(1)
Listening Carefully	11/4	(1)
Eliciting Additional Information After Your Adversary's Questioning	11/5	(1)
Entering Into Stipulations	11/8	(1)
Making Objections	11/9	(1)
Terminating a Deposition	11/23	(1)
Taking a Deposition: Deposing a ``Hostile'' Witness
Should You Take a Deposition?	12/3	(1)
Deciding Who to Depose	12/4	(1)
Preparing to Take a Deposition	12/6	(1)
Beginning the Deposition: Preliminary Questioning	12/9	(1)
Two Basic Forms of Questions	12/10	(1)
Using the Two Basic Forms of Questions	12/11	(1)
Using Documents	12/19	(1)
Responding to the Evasive Witness	12/24	(1)
Depositions Arranged by Your Adversary	12/26	(1)
Taking a Deposition: Responding to a Defending Attorney's Roadblocks
Responding to Objections	13/3	(1)
Responding to Instructions Not to Answer	13/17	(1)
Coaching	13/23	(1)
Conclusion	13/28	(1)
Taking a Deposition: Deposing the ``Friendly'' Witness
When to Depose a Friendly Witness	14/2	(1)
Offering Deposition Testimony Into Evidence	14/3	(1)
Elicit All Favorable Evidence	14/3	(1)
Comply With Evidence Rules	14/4	(1)
Videotaped Depositions
Rules Governing Videotaped Depositions	15/4	(1)
When Should You Videotape a Deposition?	15/7	(1)
Disadvantages of Videotaping	15/9	(1)
Tips for Taking an Effective Videotaped Deposition	15/10	(1)
Defending a Videotaped Deposition	15/12
Glossary
Appendix 1: Excerpts: Federal Rules of Civil Procedure
Appendix 2: State Discovery and Deposition Rules
Appendix 3: Sample Forms
Index