Transcript The Art of the Deposition

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The Art of the Deposition
The Basics
Victoria Pynchon, Esq.
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Getting Ready
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Why am I taking this deposition?
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Info
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Ammo
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Admissions
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Dirt
How do I prepare?
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Complaint, answer, interrogatories, other testimony
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Documents
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Jury instructions
Victoria Pynchon, Esq.
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Getting Started
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The Court Reporter Knows More than You Do
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s/he doesn’t “strike” anything from the record
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s/he will do what you ask (within limits)
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s/he will tell you preferences in advance
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Swearing the Witness
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Explaining the Procedure
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Setting witness up for impeachment
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Establishing authority/relationship
Victoria Pynchon, Esq.
The
Funnel
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Technique
Who, what, when, where
how, describe explain
FOLLOW UP
What do you mean
Give details
FILL IN
Did you? Was there?
Have you? Did you ever?
EXHAUST
What else?
Is that everything?
RECAP
As I understand it . . .
Is that right?
Nothing more?
ADMISSIONS
Make statements
obtain agreement
THEORY TESTING
Victoria Pynchon, Esq.
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Faulty Memory
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Anything else that might help refresh memory
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Talk to anyone else
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Look at something else
Helping witness remember
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Seasons of the year
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How old children were
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Working for X or Y at the time
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Standard practices and procedures
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Habit and custom
Victoria Pynchon, Esq.
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Meetings and Conversations
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How many times
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Let’s talk about the first conversation
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Who was present
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How long did it last
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What were the subjects discussed
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Who talked about the first subject
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What did Bob say
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What was the response
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Then what
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Anything more
Victoria Pynchon, Esq.
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Objections
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Objections to pay attention to
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Foundation
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Back-filling foundation
Objections to ignore
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Those trying to throw you off
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Vague, ambiguous
Objections to object to
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Coaching the witness
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Interfering with questioning
Victoria Pynchon, Esq.
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Role plays
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To be assigned
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A and B teams to be formed
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Students to confirm those who can participate live in
Saturday morning interactive sessions
Victoria Pynchon, Esq.