Deposition Strategies PDF

From Quota to Quality: Conducting Depositions with Clear Purpose Luis General 23 Dec 2024  Quality v. Quantity: Depositions with Clear Objectives Status Quo Some of us are noticing depositions without clear objectives Meeting a...

From Quota to Quality: Conducting Depositions with Clear Purpose Luis General 23 Dec 2024  Quality v. Quantity: Depositions with Clear Objectives Status Quo Some of us are noticing depositions without clear objectives Meeting a quota ≠ objective What Needs to Be Done? There needs to be a specific reason that we’re taking depos:  Every depo needs to have a purpose OR clear established goals—not simply to meet a quota  Plan the facts & soundbites that must be established through each deponent  Identify the documents that must be obtained Before Noticing a Deposition IDENTIFY:  The relevancy of each deponent's expected testimony → nexus  The specific objective you want to achieve for each deponent  What physical or documentary evidence will be produced through each witness; and  Whether there is any law that may render the testimony or other evidence inadmissible. Selecting the Best Witnesses/Deponents (Percipient) If several witnesses have perceived an event, select the best one or two. Factors:  Who best perceived the event;  Who has the best recollection of the facts surrounding the event;  Who has the best ability to communicate those facts;  How sincere or credible the witness is likely to appear to the judge or jury;  Whether effective impeachment material exists as to a particular witness;  Whether a particular witness was deposed;  How well the witness will stand up under cross-examination; and  Who will be available to testify. Identifying the Areas of Inquiry (PMK) Deposition Protocols Internal: Sharing of Live Depo Stream  Status quo: Team members join depo live stream and share it with the team  10-15 people viewing depositions waste of resources  Only people involved in the depo Internal: Protocols re External Attorney  Nobody must know that we’re sharing screen  Esp. external attorneys, and defense  ?¿? QUESTIONS ?¿? THANK YOU! ☺☺☺