Professional Documents
Culture Documents
by
a Roman soldier. "If you can tell me all that is in your Torah
foot and said "Do not do to others what you would not want done
is just as simple.
Prepare extensively~
Practice a lot.
Considerably more time must be devoted to the last two
steps than to the first, but on the other hand, you will be paid
Usually, you will not know enough about the witness or the case
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case. Indeed, this is probably the most important function that
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witness, if a decision-maker, may be impelled toward
into a fist fight at depositions. And those are the only two
precision.
DOCUMENTS
interviewing your client, and anything else that will aid your
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HOH TO QUESTION
important areas.
only in the areas set forth in your outline, you will miss
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until you get where you want or determine there is no where to
go. Then come back to the main road of your outline and pick
up.
Example:
UCLA.
A. 1953.
A. 1963.
A. No.
ten-year period?
A. No.
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Q. Was there a period of time when you were not in
attendance?
A. Yes .
A. 1955-1960.
to 1960?
A. I was in prison.
that answer and all of its ramifications. Only then will you be
able to allow your curiosity to lead you down the various paths
that may be available. When you start down one of these paths,
you may want to write down where you left off on your main
take no notes. That is what you are paying the court reporter
to do.
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Never take "No" for an answer unles~ you want the
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you intend to use the deposition as a substitute for the witness
little sense to hold back your strongest points in the hope that
you will score at trial. If your opponent has any merit, the
silver bullet has been fired and you have scored a direct hit,
give the witness a chance to talk his way out of it. An old
ear?
A. No.
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The usual trial technique analysis ~s that the
stopped with the answer "No," the case would have been won.
that you want. You must nail that answer down absolutely,
A. Yes.
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Q. How many?
1979?
A. I thought so.
A. It was extensive.
A. I did.
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EVEN MORE PITFALLS
court, you lead and control the witness, ask only questions
a question if you already know the answer although you may want
to confirm it, and you do not stop. You ask and you ask and you
ask until you are sure that you have explored every possible
facet of the case and until you are sure that every answer you
complain that he or she did not know who you were. "Good
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Goodheart Insurance Company, the defendant you have sued in this
encourage the witness to talk and which may lull your opposing
the witness and keep that eye contact so that you have a sense
sensitive area.
on the record that such is going on. This tends to calm down
referee.
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plan to have a 15-minute break at 10:15, a 15~minute break at
regular basis. When you are beginning, slow down. Think about
you do not get the answer you want. There is no stigma attached
recall" (they will not) and "Isn't it a fact that" (they will
happened next. The witness must either tell you or say "I don't
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understand the question in order to give you any answer, much
less the one you are seeking. The question must be precise or
answers.
DEFENDING A DEPOSITION
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Q. Did you call the insurance company on January 15,
1979?
A. I guess so.
company?
date right?
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Q. Did you call the insurance company on January 15,
1979?
A. Yes.
1979?
A. I dunknow.
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But suppose that the telephone call of January 15 is
the heart of your case. To leave the record bare now may
until you see how your client answers. If the answer is good,
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l~ave it. If it is not so good, say "Move to strike for the
your detriment.
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by using sit-through depositions, where you are neither taking
aba3
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