Trial Advocacy College: Depositions

Welcome Remarks and Introductions

Developing A Discovery Plan

• Who, What, When, and Why to Depose
• The Written Plan
• Understanding the Legal Framework
• Addressing Biases
• Anticipating Defense and Landmines

Techniques of Exhaustion, Boxing-In, Bracketing, and Summarization

• Making the Witness Tell You Everything They Know
• Summarizing Techniques to Keep the Witness from Changing Their Testimony
• Cementing the Witness’ Testimony

Morning Break

Workshop on Exhaustion and Summarization

Developing Rules and Standards

• Identifying Rules

Workshop on Developing Rules and Standards

Afternoon Break

Workshop on Taking Depositions, Boxing-In, Bracketing, and Continuation on Exhaustion

Morning Announcements

Dealing with the Difficult Witness, Situation, and Attorney (Ethics)

• How to Identify and Control the Difficult Witness
• The One Fact, One Question Approach
• Handling Objections and Instructions Not to Answer Discussion and Demonstration
• When to Call the Judge
• Remedies Available

Morning Break

Workshop on Difficult Witness and Difficult Lawyer

Structuring the Miller Mousetrap

Deposing Defense Experts

• Exploring the Expert Witness’s Opinions
• Using Documents and Learned Treatises
• Exploiting the Opponent’s Weakness
• Using the Rules and Exhaustion
• Defense Medical Examiner

Afternoon Break

Workshop on Deposition Techniques: Establishing Rules/Miller Mousetrap and Experts: Opinions, Bases, and Assumptions

General Consideration for Witness Deposition Preparation

• The Dos and Don’ts
• Unpacking the Witness & Setting the Tone
• Practice Q & A: Diagnosing Witness Strengths and Weaknesses
• Delivering Quality Feedback
• Checking in with Your Witness to Assess the Prep

Using Exhibits in Depositions

Morning Break

Workshop on Using Exhibits in Depositions

Later Use of Depositions at Settlement and Trial

• Strategies to Develop the Record
• Impeachment

Program Evaluation

Tying It All Together – Ask the Faculty