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 (casilla) - re description of where on her arm
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 - Gilmore re Lost Wages/Employment AZ's
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]
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?
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?
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 - Casilla re refusing to answer about prior issue
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?
See Exhibit ___ - Chazak EBT of Talanda Jackson
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 and your paralegal should confirm all of these were received before the deposition.
What is (medical) records?
A R&C firm policy to prevent any unpermitted witness coaching/tampering.
Exhibit 1 (Bould p. 30-32)
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?
Exhibit 2 - Leahy (Garnet McIntosh)
The rare circumstance where the attorney should?
What is direct the witness not to answer?