• Deposition Rules, 5th Edition
 
 
Shop by Jurisdiction
Shop by Practice Area
Shop Products
View ALM Products

View a different catalog:
Deposition Rules, 5th Edition

Deposition Rules, 5th Edition

David Malone has organized all topics pertaining to depositions in a concise, very usable format. In one of NITA's most popular rules books, all attorneys will find this an invaluable resource because of its references to the Federal Rules of both Civil Procedure and of Evidence.


Availability: In Stock
Publisher :NITA
Format: Fifth Edition, Spiral Bound , BOOK

ISBN: 9781601561725

2012
 
$35.00
Less More
Add to Cart



    In its Fifth Edition, Deposition Rules remains the essential deposition handbook for busy practitioners: a ready and convenient, on-the-go reference, it provides quick access to the rules, procedures, and practices that govern deposition practice, and it answers the most commonly asked questions about depositions.

    Deposition Rules also provides "Practice Tips," which are drawn from the actual conduct of counsel in depositions, because modern deposition practice has evolved at least as much from "what works" as it has from "what is required."

    This Fifth Edition incorporates all the changes from the 2010 changes to the Federal Rules of Civil Procedure as well as the 2011 complete rewrite of the Federal Rules of Evidence.

    TABLE OF CONTENTS

    INTRODUCTION

    CHAPTER ONE--WHO

    1.1 Who can be deposed?
    1.2 Who may ask questions at depositions?
    1.3 Can witnesses and non-witnesses both be deposed?
    1.4 Can organizations be deposed?
    1.5 How many people can be deposed?
    1.6 Can testifying experts be deposed?
    1.7 Can non-testifying experts be deposed?
    1.8 Who pays expert fees for disposition?
    1.9 Can senior officials be deposed?
    1.10 Can insiders or outsiders to the litigation be excluded from the deposition room, and may future deponents be excluded?
    1.11 Who takes custody of the transcript?

    CHAPTER TWO--WHAT

    2.1 What may be asked?
    2.2 What may the attorney direct the witness not answer?
    2.3 What is the significance of an "irrelevance objection"?
    2.4 What should be done about coaching?
    2.5 What may you ask the deponent to speculate or guess about?
    2.6 What may you ask about the contents of documents?
    2.7 What application does the "best evidence rule" have at depositions?
    2.8 What use may be made of prior statements by the deponent?
    2.9 What reference may be made to testimony by other witnesses?
    2.10 What protection is provided to secrets or confidences?
    2.11 What protection is provided for attorney work-product?
    2.12 What problems should be corrected at the time of the deposition?
    2.13 What can be asked about the expert's opinion in this case?
    2.14 What can be asked about the expert's opinions in other cases?
    2.15 What are the "usual stipulations"?
    2.16 What questions must the witness answer despite objection?
    2.17 What must be supplemented in an expert's deposition?
    2.18 What must be supplemented in a non-expert's deposition?
    2.19 What corrections may be made to the deposition (and when may they be made)?
    2.20 What are legitimate bases for objections?
    2.21 What sanctions apply for failure to make discovery at depositions?

    CHAPTER THREE--WHEN

    3.1 May depositions be taken before the complaint?
    3.2 May depositions be taken pending appeal?
    3.3 When, after the discovery conference, may depositions begin?
    3.4 When may testifying experts be deposed?
    3.5 When may you get some priority for depositions?
    3.6 When should depositions and returns on requests for production of documents be scheduled?
    3.7 When may formal corrections be made to the deposition?
    3.8 When may you take a break?
    3.9 When do depositions begin and end?

    CHAPTER FOUR--WHERE

    4.1 Where must depositions be taken?
    4.2 Where may party witnesses be deposed?
    4.3 In the forum, at whose office is a deposition held?
    4.4 Where does everybody sit?
    4.5 Where do subpoenas issue from?
    4.6 Where do protective orders issue from?
    4.7 Where do orders to terminate or resume issue from?
    4.8 Where are the notary and reporter in a telephone deposition
    4.9 Where do the documents go when the deposition is finished?

    CHAPTER FIVE--WHY

    5.1 Why take depositions of your own witnesses?
    5.2 Why should you use depositions to support motions practice?
    5.3 Why do depositions help you learn new information better than interrogatories?
    5.4 Why do depositions help confirm known information?
    5.5 Why are depositions useful to support settlement discussions?
    5.6 Why are interrogatories and requests for admission inferior to depositions?
    5.7 Why should counsel taking the deposition avoid argument with defending counsel?

    CHAPTER SIX--HOW

    6.1 How do you notify the witness to appear?
    6.2 How do you obtain protection from unreasonable timing?
    6.3 How do you protect your client from improper process?
    6.4 How do you start the deposition?
    6.5 How should you frame questions to obtain new information efficiently?
    6.6 How do you use leading questions effectively?
    6.7 How do you repeat questions to obtain refined answers?
    6.8 How should deposing counsel control the pace of the deposition?
    6.9 How to object to opponent's behavior?
    6.10 How do you make designations of transcript that you may use at trial?
    6.11 How does your client communicate with you during the deposition?
    6.12 How do you handle exhibits at deposition?
    6.13 How do you number exhibits at deposition?

    CHAPTER SEVEN--EXPERT DEPOSITIONS

    7.1 What is the relationship between the expert report and the expert deposition?
    7.2 What is the most important question to ask at an expert's deposition?
    7.3 What is the most important preparation for the expert's deposition?
    7.4 What is the "fourteen document rule" and how do you use it to prepare your expert?
    7.5 How protective should you be of the expert at the deposition?
    7.6 What role does your expert have in the deposition of the opposing expert?
    7.7 What is the relationship between ,Daubert and the expert's deposition?
    The Daubert Deposition Dance

    CHAPTER EIGHT--VIDEO DEPOSITIONS

    8.1 Why should you take a video deposition?
    8.2 How do you adjust your defense in a video deposition?
    8.3 How do you obtain rulings on objections to material in a video deposition?
    8.4 When do you need a paper or computer transcript of a video deposition?
    8.5 How do you use a video deposition at trial?
    8.6 When should you use the video deposition at trial?

    CHAPTER NINE--THE SEVEN WAYS TO USE DEPOSITION AT TRIAL

    9.1 Testimony of an absent witness.
    9.2 Past recollection recorded.
    9.3 Basis for proffer.
    9.4 Refreshing recollection.
    9.5 Source of admission.
    9.6 Impeachment .
    9.7 Phantom impeachment.

     

    David M. Malone


    David M. Malone is a trial attorney, author, consultant, and teacher who has worked with the National Institute for Trial Advocacy (NITA) since 1979. He is the founding principal of Trial Run Inc., a litigation training and consulting firm. Mr. Malone practiced as a federal prosecutor for seventeen years before entering private practice for thirteen years, concentrating on complex civil litigation. He has been an adjunct professor in advocacy at the University of Virginia School of Law and at the George Washington University School of Law. He is a graduate of the University of Notre Dame (B.A.) and the University of Virginia School of Law (J.D.). Mr. Malone is the author NITA's deposition text, The Effective Deposition; of the companion pocket-sized book, entitled, Deposition Rules; and of NITA's Effective Expert Testimony. Through Trial Run Inc., he has written and published a number of other litigation "rule" books, including Daubert Rules and Effective Deposition Defense Rules. Until recently, he was the program director and team leader for the Washington Advanced Program, which he started, and he has taught in hundreds of other NITA programs. He is a past recipient of NITA's Robert E. Oliphant Award.

     

 
The item you are trying to order is restricted to a quantity of 1 per order. Please complete the current order and place a new order for additional copy.
We are currently experiencing difficulties in adding this product to the cart. Please contact customer support at 1-800-543-6862 for assistance. You may continue to shop for other products in the store.

Products to Consider

100 Vignettes for Improving Trial Evidence Skills
Whether this resource is used in an evidence or trial advocacy classroom, professional learning environment, or for your own personal study, the vignettes are extraordinary examples of how specific evidentiary issues arise at trial.

Facts Can't Speak for Themselves: Reveal the Stories that Give Facts Their Meaning
Eric Oliver offers trial attorneys proven ways to uncover the full range of those "rewritten" stories in focus groups, and how to take their best elements into court to deliver a story more likely to persuade than the one you thought you had.

Federal Rules of Civil Procedure
This 4-by-6 inch guide compiles the Federal Rules of Civil Procedure as amended through December 1, 2010. Includes approved forms.

Federal Rules of Evidence
This handy guide compiles the Federal Rules of Evidence for U.S. Courts and Magistrates, as amended through December 1, 2011.