Nolo's Deposition Handbook

by Bergman, Paul; Moore, Albert J.; Nolo

ISBN13: 9780873377669

ISBN10: 0873377664

Format: Paperback

Pub. Date: 2001-09-01

Publisher(s): Nolo

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Author Biography

Paul Bergman and Albert Moore are law professors at the UCLA School of Law

PART ONE: BEING DEPOSED

How to Use This Book

Part One: Being Deposed

1/2

(1)

Taking and Defending Depositions

1/3

(1)

The Federal Rules of Civil Procedure (``FRCP'')

1/4

(1)

How Pro Se Litigants Can Find the Deposition Rules That Apply to Them

1/5

(1)

Overview of Deposition Procedures

Depositions in a Nutshell

2/3

(1)

Noticing a Deposition

2/3

(1)

Deposition Scheduling Requirements

2/5

(1)

Rescheduling Your Deposition

2/5

(1)

Avoiding a Deposition Altogether

2/7

(1)

Duration of Depositions

2/8

(1)

Deposition Attendees

2/9

(1)

Document Production at Depositions

2/14

(1)

Review and Signature

2/15

(1)

Using Depositions in Civil Litigation

Using Depositions Prior to Trial

3/2

(1)

Primary Trial Uses of Depositions

3/6

(1)

Preparing to Give Deposition Testimony

Parties Represented by Counsel

4/2

(1)

``Pro Se'' Litigants

4/4

(1)

Non-Party Witnesses

4/16

(1)

Responding to Questions

The Golden Rules for Responding to Questions

5/3

(1)

Responding to Common Questions

5/8

(1)

Responding to ``Trick'' Questions

5/10

(1)

Responding to Requests for Future Action

5/20

(1)

Finishing Interrupted Answers

5/22

(1)

Handling Fatigue

5/22

(1)

Objections

5/25

(1)

Reading and Signing Your Deposition

5/25

(1)

Beginning a Deposition: ``Round Up the Usual Admonitions''

Admonitions Defined

6/2

(1)

Purposes of Admonitions

6/2

(1)

Admonitions: Examples and Explanations

6/3

(1)

Background Questions

Hidden Agendas

7/2

(1)

Legitimacy of Background Questioning

7/4

(1)

Your Employment History

7/5

(1)

Your Educational Background

7/7

(1)

Other ``Background'' Topics

7/8

(1)

Questions You Can Legally Refuse to Answer

Privileged Communications

8/2

(1)

The ``Work Product'' Privilege

8/8

(1)

Evidence of Criminal Activity

8/10

(1)

Private Information

8/12

(1)

Expert Witness Deponents

The Main Differences Between Expert and Non-Expert (``Lay'') Witnesses

9/2

(1)

Pre-Deposition Disclosures

9/8

(1)

Typical Pre-Deposition Involvement

9/9

(1)

The Importance of Thorough Deposition Preparation

9/12

(1)

The Pre-Deposition Planning Meeting

9/13

(1)

Typical Deposition Questioning

9/14

(1)

PART TWO: TAKING AND DEFENDING DEPOSITIONS

The Lay of the Discovery Landscape

Purpose of Discovery

10/2

(1)

Impediments to Accomplishment of Discovery Goals

10/3

(1)

Voluntary Disclosure

10/4

(1)

Informal Discovery

10/4

(1)

Discovery Plans

10/5

(1)

General Rules Governing Discovery Questioning

10/6

(1)

Enforcing Discovery Rules

10/8

(1)

Overview of Formal Discovery Methods

10/8

(1)

Defending a Deposition

Pre-Deposition Preparation

11/3

(1)

Listening Carefully

11/4

(1)

Eliciting Additional Information After Your Adversary's Questioning

11/5

(1)

Entering Into Stipulations

11/8

(1)

Making Objections

11/9

(1)

Terminating a Deposition

11/23

(1)

Taking a Deposition: Deposing a ``Hostile'' Witness

Should You Take a Deposition?

12/3

(1)

Deciding Who to Depose

12/4

(1)

Preparing to Take a Deposition

12/6

(1)

Beginning the Deposition: Preliminary Questioning

12/9

(1)

Two Basic Forms of Questions

12/10

(1)

Using the Two Basic Forms of Questions

12/11

(1)

Using Documents

12/19

(1)

Responding to the Evasive Witness

12/24

(1)

Depositions Arranged by Your Adversary

12/26

(1)

Taking a Deposition: Responding to a Defending Attorney's Roadblocks

Responding to Objections

13/3

(1)

Responding to Instructions Not to Answer

13/17

(1)

Coaching

13/23

(1)

Conclusion

13/28

(1)

Taking a Deposition: Deposing the ``Friendly'' Witness

When to Depose a Friendly Witness

14/2

(1)

Offering Deposition Testimony Into Evidence

14/3

(1)

Elicit All Favorable Evidence

14/3

(1)

Comply With Evidence Rules

14/4

(1)

Videotaped Depositions

Rules Governing Videotaped Depositions

15/4

(1)

When Should You Videotape a Deposition?

15/7

(1)

Disadvantages of Videotaping

15/9

(1)

Tips for Taking an Effective Videotaped Deposition

15/10

(1)

Defending a Videotaped Deposition

15/12

Glossary

Appendix 1: Excerpts: Federal Rules of Civil Procedure

Appendix 2: State Discovery and Deposition Rules

Appendix 3: Sample Forms

Index