ATTORNEY PREPARATION
While one should always be prepared, you should not rely too heavily on this.
What is a deposition script/outline?
The only condition to "if you need a break at any time, just let me know and we can do so."
What is if there's an open/pending question?
The only widely-recognized permissible objection in NY civil litigation.
What is an objection to form?
(No really, what is that?)
Exhibit B (yellow highlight)
When a witness answer by showing you or reinacting something, you should ensure a clear record by doing this.
What is "verbally explain what the witness did in detail"?
When a witness answers that they knew something because someone else told them, these 5 questions should always be asked.
[HINT: a popular alliteration]
What is "who, what, when, where, why?"
[NOTE: who - told you, was around, else heard? // what - did they say exactly, did you say in response? // when - what time of day was it, how long after incident? // where - were you when the conversation took place, were they when they told you, via phone/text/email/social media? // why - did they tell you - are you their supervisor? did you have a further obligation to report?]
If you think there's even a chance you're going to use these, they should be prepared as if you are sure you're going to.
What is exhibits?
Two ground rules that also serve as opportunities to kiss the court reporter's a$$.
What is (i) provide verbal responses and only, and (ii) wait until the question is complete before starting your answer/only one person can talk at one time?
How your witness should answer a question after you object on the grounds that you don't understand the question.
[HINT: This should be communicated to the witness during prep!]
What is "I don't understand the question" or what is "could you be ask it a different way/be more specific?"
Exhibit C
What should our post-deposition demands include?
What is authorizations to obtain Plaintiff's employment records?
[NOTE: The fact that Plaintiff is not making a lost earnings claims is now irrelevant as Plaintiff put her ability to maintain meaningful employment directly at issue]
When a witness answers, "I don't know," do not necessarily _______.
What is move on?
[NOTE: Potential follow-ups - Did you ever know? Who would know? How would I find that out?]
The most important thing you can do after asking a deposition question.
What is listen to the answer?
This is what can change about your outfit when your deposition is virtual as opposed to in person.
What is only what is not visible on camera?
[vent break - not just outfit, but overall appearance, background, background noise, sitting position, camera angle, etc...]
The limited instance in which written objections to deposition questions is warranted, and encouraged.
What is in response to a corporate designee notice of deposition with enumerated topics?
Exhibit B (blue highlight)
In addition to asking extensive follow up questions, who should be notified of Plaintiff's testimony regarding the "prior stuff" she had going on?
What is the IME doctor?
Exhibit D
What should be done in this situation?
What is show the witness the conflicting record and ask impeachment-style question?
[NOTE: Potential questions - Does reviewing this change your testimony in any way? Is it your position that this medical record incorrect reflects the time she was admitted?]
You should always have the name of this person, and the phone number to this place before a deposition.
What is the judge and judge's chambers?
A R&C firm policy to prevent any unpermitted witness coaching/tampering.
What is "if anyone is in person, we are in person"?
Permissible objections are limited because the scope of deposition questioning is broader than?
What is trial admissibility?
Exhibit E
The attorney should demand _______, and reserve ______?
What is an authorization for the newly disclosed provider, and their right to a further deposition based on the new evidence?
Your next question when a witness says something like, "I believe so" or "it is my understanding that _____."
You and your paralegal should confirm all of these were received before the deposition.
What is (medical) records?
You should generally avoid doing this with your witness during the deposition.
What is "talking to them"?
[NOTE: If you are not physically with your witness, you should discuss the best way to quickly get in touch with them on breaks BEFORE the deposition]
Exhibit A
The rare circumstance where the attorney should?
What is direct the witness not to answer?
Exhibit F
What should the attorney ask next?
What is "leave a spot in the transcript for the witness to fill in"? OR What is "call for the production of the full name of Stephanie"?
[NOTE: You should make a note (to self) to include this in post-ebt demands!]
A corporate representative witness should never offer this unless they know for sure it exists.
What is conduct a search for a document/email/item they are asked about?