"Litigation 101: Depositions" was presented by Kate Connor Ferguson on September 16, 2014, for the Columbus Bar Association. In this presentation, Kate provided an overview of how knowing the foundation of a deposition can make an effective litigator.
4. z
Know Your Case
+What is the Relevant Law?
+What are the Key Facts?
+ Paper Discovery, Witness Interviews
+ Review Documents Thoroughly
5. z
Know the Rules
+Federal Court
+ When – No Discovery Permitted Until After CMC
+ Number – Each Side is Limited to 10 Depositions (FRCP 30)
+ Duration – Each Deposition is Limited to 7 hours
+State Court
+ No such limitations (BUT, check local rules to verify)
6. z
Know the Purpose
+Pin Witness Down to Relevant Facts.
+Set Foundation for Summary Judgment.
+Preclude Summary Judgment.
+Neutralize a Witness.
+Enhance Opportunities for Settlement.
7. z
Create an Outline
+Write out specific questions
+ Go back to Deposition’s Purpose
+ Ex: Leading questions essential in summary judgment context.
+ Ex: Open-ended questions are more useful to determine all
known facts.
+ Incorporate documents and answers to written discovery
8. z
During the Deposition
+Listen to the Witness’s Answers
+ Has the Deponent Answered the Question?
+Depart from Outline to Follow-up and Explore
Unexpected Lines of Questioning
+Be Cordial, to the Witness and Opposing Counsel