• Deposition Evidence: Objectives, Instructions Not to Answer and Responses Law and Tactics
 
 
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Deposition Evidence: Objectives, Instructions Not to Answer and Responses Law and Tactics

Deposition Evidence: Objectives, Instructions Not to Answer and Responses Law and Tactics

Bocchino and Sonenshein provide experienced insights into issues confronting attorneys during depositions, as well as guidance on tactical and professional responsibility issues, dealing with objecting councel, preparing witnesses and more.


Availability: In Stock
Publisher :NITA
Format: First Edition, Perfect Bound , BOOK

ISBN: 9781556819582

2006
 
$45.00
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    Anthony Bocchino and David Sonenshein provide experienced insights into typical issues confronting attorneys during depositions. They give guidance on tactical and professional responsibility issues involved with this topic and explain how counsel can best prepare to deal with these issues.

    Deposition Evidence is designed to provide a quick and ready reference regarding a variety of evidentiary and practice:

    •   The law and tactics of making and curing of objections
    •   Dealing with obstreperous objecting counsel
    •   Preparation of witnesses regarding the meaning of objections
    •   Instructions not to answer on privilege or trial preparation material grounds and how to respond to such instructions
    •   Rule-by-rule practice guide on how to make, respond to, and cure objections at deposition

    The book includes a section on objections and appendices that cover selected rules from the Federal Rules of Civil Procedure (as amended through December 1, 2005) and the Federal Rules of Evidence (as amended to December 31, 2004).

    Acknowledgments

    Introduction

    Part I. Objections That Must/May Be Made at Depositions
    A. Competency of Witnesses
    B. Competence, Relevance, and Materiality of Evidence
    C. Objections to the Form of the Question or Answer

    Part II. The Form of Objections and Instructions Not to Answer
    A. Form of Objections
    B. Instructions Not to Answer a Question

    Part III. The Tactics of Making and Meeting Objections
    A. Time, Place, and Manner of Recording
    B. Deponent Preparation.
    C. To Object or Respond or Not
    D. When to Involve the Judge

    Part IV. Objections, Responses, and Curative Action

    Objections to the Form of Questions
    Objection to Form (Non-Specific) Leading Questions
    Ambiguous/Vague
    Argumentative
    Asked and Answered
    Assuming Facts Not in Evidence
    Compound Questions
    Misquoting the Witness
    Narratives
    Non-Responsive Answers

    Objections to the Competence of Evidence
    Character Evidence for Propensity Purposes
    Character Evidence for Non-Propensity Substantive Purposes
    Habit and Routine Practice
    Subsequent Remedial Measures
    Offers of Compromise
    Payment of Medical and Similar Expenses
    Insurance Against Liability
    Privileges
    Expert Opinions (Reliability of Theory/Methodology)
    Expert Opinions (Bases)
    Hearsay (Generally)
    Hearsay—Non-Hearsay Prior Statements
    Hearsay—Non-Hearsay Admissions
    Hearsay Exception—Present Sense Impression
    Hearsay Exception—Excited Utterances
    Hearsay Exception—Statements of Then Existing Physical Condition
    Hearsay Exception—Statements of Then Existing Mental Condition
    Hearsay Exception—Statements for Purposes of Medical Diagnosis or Treatment
    Hearsay Exception—Recorded Recollection
    Hearsay Exception—Records of Regularly Conducted Activity (Business Records)
    Hearsay Exception—Public Records and Reports
    Hearsay Exception—Learned Treatises
    Other Hearsay Exceptions in Rule 803
    Hearsay Exceptions Requiring Unavailability—Generally
    Hearsay Exception—Former Testimony
    Hearsay Exception—Statement Under Belief of Impending
    Hearsay Exception—Statements Against Pecuniary or Proprietary Interest
    Hearsay Exception—Declarations Against Penal Interest
    Hearsay Exception—Forfeiture by Wrongdoing
    Hearsay Exception—Residual Exception
    Authentication of Instruments
    Authentication of Voices
    Original Document Rule (Best Evidence Rule)

    Appendix A. Selected Rules from the Federal Rules of Civil Procedure

    Appendix B. Federal Rules of Evidence

     

    Anthony J. Bocchino


    Professor Anthony Bocchino is an honors graduate of the University of Connecticut School of Law after which he was a Bradway Fellow at the Duke University School of Law. He served as a full time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979. At the Beasley School of Law for the period 1979 -1989 he was Director of Temple's Trial Advocacy and Clinical Programs. He has designed the program, written materials and taught in the law school's Integrated Trial Advocacy Program which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association. In 1997 he was named by Temple University as the Jack E. Feinberg Professor of Litigation.

    Professor Bocchino has been honored with teaching awards from Duke University School of Law where he received the Mordecai Society Award and the Beasley School of Law where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.

    In addition to his law school duties Professor Bocchino has served as a faculty member for the National Institute for Trial Advocacy (NITA) since 1974, served as NITA's Director for five years and served as the organization's Editor in Chief. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice and appellate advocacy programs for more than 30 law firms and numerous public agencies. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.

    Professor Bocchino is the author of over 60 books and articles, predominantly in the fields of Evidence, Trial Advocacy, Civil Litigation and Professional Responsibility. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.

    Professor Bocchino has been elected as a member of the American Law Institute, and named a Fellow of the American Bar Foundation, Litigation Counsel of America and the International Society of Barristers.

    David A. Sonenshein


    David A. Sonenshein is the I. Herman Stern Professor of Law at Temple University. He has also been a faculty member at George Washington University National Law Center, DePaul University College of Law, and Boston University School of Law, teaching civil procedure, criminal procedure, evidence, professional responsibility, trial advocacy, and complex civil litigation. He has received the Outstanding Professor Award at both DePaul and Temple Law Schools a total of six times. He is a nationally recognized lecturer on the law of evidence in the courtroom. As a consultant to the Federal Judicial Center, he leads seminars for all new Federal District Court Judges on the law of evidence, as well as offering seminars for experienced U.S. District Court Judges. He has served as an instructor on evidence and trial advocacy for NITA, AILTO (of which he is the Director), ALI-ABA, and the National Practice Institute. Professor Sonenshein earned the Francis E. Rawle Award from the American Law Institute and American Bar Association for his outstanding contributions to the field of post-admission legal education. He received his B.A. from Cornell University and his J.D. from New York University School of Law.

     

 
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