Master the fundamental concepts in taking and defending effective depositions.
You're at trial, and your witness is on the stand. They have been deposed more than once. Before the litigation, they had never been deposed and never been in litigation. You can see the trepidation in their eyes as they are in a remote deposition and are on camera, looking at exhibits with which they appear to be unfamiliar. At trial, opposing counsel asks the witness a specific question, and the witness answers 'No.' Then you hear the question, 'I'd like to refer you to the deposition I took last year.' And your client's answer is the opposite of their deposition testimony. What could have been done to prevent this from happening? Hindsight is always 20/20, but in depositions, it is one of the most vulnerable areas for impeaching witnesses. So getting a jump on your trial strategy and preparing for or defending a witness, whether lay, expert, or company representative, could be the key to winning or losing a case. This topic is critical for the practical, technical, and ethical considerations of taking and defending depositions.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Applicable Rules of Civil Procedure
- Notice
- Limitations
- Protective Orders
- Overview of Rules 27, 30, 31, FRCP, and Rule 15, FRCrimP
- Sanctions for Deposition Misconduct
Types of Depositions
- Fact Witnesses
- Corporate Representatives
- Expert Witnesses
Preparing to Take the Deposition
- Types of Outlines and Objectives
- Using the Correct Question Structure and Formulating Effective Questions
- Preparation for Unexpected, Evasive, and Incomplete Answers
- Anticipating Problem Witnesses
- Remote Depositions and How They May Impact Trial
Preparing Your Witness
- The Ethics of Preparing the Witness and Pre-Deposition Meetings
- Protecting the Witness During Depos, Including Proper Objections
- Consistency Is Key
- Instruction to Witness Not to Answer
- The Importance of Read and Sign and How This Could Impact Your Trial
The Expert Witness Depos
- Taking Them
- Defending Them
- Search for Information About Your Experts and the Opposing Party's Experts
- Rules of Evidence Regarding Disclosure by Expert
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 14, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MN CLE 1.0
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 71 Minutes.
- NM CLE 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Skills 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.0
- Approved for 1.0 CLE credits in Oregon.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Dennis I. Wilenchik, Esq.
Wilenchik & Bartness, P.C.
- Managing partner at Wilenchik & Bartness, P.C., Phoenix, Arizona, established in 1991
- Represents a select group of clients, including high-profile clients, in business, real estate, construction, and government
- Nationally certified civil trial and pre-trial specialist with the National Board of Trial Advocacy, with more than 40 years of experience as an attorney
- Tried hundreds of cases in both federal and state court
- Recent seminars include the Admissibility of Email and Internet Evidence the Safe Harbor Provisions for Electronically Stored Information (ESI) and the New ESI Factors Under the Arizona Rules of Civil Procedure
- Named ‘Best Trial Lawyer’ by Arizona Foothills Magazine, rated as a Super Lawyer by Super Lawyers, is a member of Arizona’s Top-Rated Lawyers, Lawyers of Distinction, Rue’s Best Attorneys of America, Arizona’s Finest Lawyers, and The Fellows of the American Bar Association
- Licensed in Arizona, the District of Columbia, New York, Texas, the Ninth Circuit Court of Appeals, and the United States Supreme Court
- J.D. degree, South Texas College of Law; B.A. degree, magna cum laude, Brooklyn College of the City University of New York
- Can be contacted at [email protected], [email protected]
, or 602-606-2810
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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