It has been said that cases are won or lost at the deposition stage of the civil litigation process. The deposition represents the one pretrial opportunity to assess the opposing party’s demeanor as well as its entire case on a face-to-face basis. Accordingly, the importance of the deposition cannot be emphasized enough.
Yet, given that the deposition is such a routine event in a civil litigator’s daily practice, the danger exists for dropping one’s guard, not fully honoring the importance of the deposition and running through the deposition in a robotic recitation of standard, common deposition questions.
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