Nothing strikes more fear into the heart of a young/new litigator than handling his or her first deposition.
The purpose of a deposition is myriad: to assess the witness (i.e., are they likable, credible, articulate, how do they hold up under pressure, etc …); lock in witness testimony to use in support of a summary judgment motion or at the time of trial; preserve testimony of a witness who may be potentially unavailable at the time of trial; and identify information not learned through other discovery devices (e.g., physical limitations). Accordingly, almost every case in suit will require the taking or defending of a deposition. Here are some tips for doing so.
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