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On Depositions in Colorado, a Colorado Bar CLE publication, for CBA members

Understanding depositions is an essential tool for every litigator and depositions ...


Availability: In Stock
Publisher :Colorado Bar
Format: 1 volume softbound, 250 pages , BOOK
ISBN: 9780820591674
2005
  $75.00
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    Understanding depositions is an essential tool for every litigator and depositions evoke vast differences of opinion on every step of the process. To understand how to take or defend a deposition, you must first understand how the deposition will help you win your case. The most important uses of a deposition transcript occur at trial. With helpful tips and personal stories from the author, Colorado attorney Paul Gordon, this guide provides an understanding of how courts might view the problems you face.

    Chapter 1 WHY TAKE A DEPOSITION?

    1.1 WHY BOTHER?
    1.1.1 Listen And Learn
    1.1.2 Make Your Case
    1.1.3 Freeze The Testimony
    1.2 WHOM SHOULD YOU DEPOSE?
    1.3 WHY DEFEND A DEPOSITION?
    1.4 USING DEPOSITIONS IN MOTIONS
    1.5 USING DEPOSITIONS AT TRIAL
    Chapter 2 OBJECTIONS AND TACTICS
    2.1 SEASONABLE OR WAIVED
    2.2 SPEAKING OBJECTIONS
    2.3 FORM
    2.4 FOUNDATION
    2.5 PRIVILEGES
    2.5.1 The Fifth Amendment
    2.5.2 Attorney-Client Privilege
    2.5.3 Work Product And Mental Impressions
    2.5.4 Physician-Patient Privilege 2.5.5 Right To Privacy
    2.6 STIPULATIONS
    2.7 OBJECTIONS TO METHOD OF RECORDING
    2.8 INTERROGATORIES TO WITNESSES
    Chapter 3 TECHNICAL DETAILS
    3.1 WHO GOES FIRST?
    3.2 LENGTH OF DEPOSITION
    3.3 LOCATION, LOCATION, LOCATION
    3.4 THE COURT REPORTER
    3.5 VIDEOTAPING AND OTHER MEANS OF RECORDING
    3.6 NOTICE OF DEPOSITION
    3.7 SUBPOENAS
    3.8 SUBPOENAS DUCES TECUM
    3.9 TRANSLATORS
    3.10 TRANSCRIPTS
    3.10.1 Bells And Whistles
    3.10.2 Sealed Envelopes
    3.10.3 Corrections And Supplements
    3.11 MOTION FOR PROTECTIVE ORDER
    3.12 COSTS
    Chapter 4 PREPARING TO TAKE A DEPOSITION
    4.1 TEAMWORK
    4.2 START WITH THE JURY INSTRUCTIONS
    4.3 KNOW WHAT YOU DONT KNOW
    4.4 ANTICIPATE OBJECTIONS
    4.5 SCRIPTING QUESTIONS
    4.6 CROSS-EXAMINATION
    Chapter 5 ON THE RECORD
    5.1 THE RULE (615, TO BE SPECIFIC)
    5.2 COURT REPORTERS AND VIDEOGRAPHERS
    5.3 THE FIRST QUESTION
    5.4 THE FIRST OBJECTION
    5.5 ESTABLISHING CONTEXT
    5.6 PRELIMINARY QUESTIONS
    5.7 ASK A STUPID QUESTION
    5.8 LISTEN TO THE ANSWER
    5.9 JOGGING MEMORY
    5.10 DEFINING TERMS
    5.11 WHAT ELSE?
    5.12 WORK WITH YOUR CLIENT
    5.13 AFTER THE BREAK
    5.14 CRYING
    5.15 CHILDREN
    5.16 WINDBAGS
    5.17 COACHING WITNESSES
    5.18 WHEN A QUESTION IS PENDING
    5.19 THE FIFTH AMENDMENT
    5.20 WHEN TO CALL THE JUDGE
    5.21 WHEN TO HALT THE DEPOSITION
    5.22 WHAT IF NO ONE SHOWS UP?
    Chapter 6 EXHIBITS
    6.1 CHOOSING THE BEST EXHIBIT
    6.2 WHEN TO USE EXHIBITS
    6.3 AUTHENTICATION
    6.4 LAYING FOUNDATION
    6.5 COPIES FOR COUNSEL
    6.6 WHO KEEPS ORIGINALS?
    6.7 USING DEPOSITIONS TO GET DOCUMENTS
    6.8 WHAT IF THE DOCUMENTS DONT SHOW UP?
    Chapter 7 EXPERT WITNESSES
    7.1 PREPARE FOR TRIAL
    7.2 TALK TO YOUR OWN EXPERT
    7.3 UNDERSTAND THE OPINIONS
    7.4 SCOPE OF OPINIONS
    7.5 SCOPE OF EXPERTISE
    7.6 QUALIFICATIONS
    7.7 BACKGROUND
    7.8 FEES FOR EXPERT DEPONENTS
    Chapter 8 DEPOSING THE ENTITY
    8.1 RULE 30(b)(6)
    8.2 DESIGNATING THE REPRESENTATIVE
    8.3 DEPOSING OTHER OFFICERS
    8.4 SANCTIONS AGAINST AN ENTITY
    Chapter 9 DEPOSITIONS IN FAR-AWAY PLACES
    9.1 FAR-AWAY DEPONENTS
    9.2 FULL FAITH AND CREDIT
    9.3 LETTERS ROGATORY
    9.4 BEING LOCAL COUNSEL
    9.5 DEPOSITIONS OUTSIDE THE UNITED STATES
    Chapter 10 DEPOSITION TO COLLECT JUDGMENT
    10.1 RULE 69
    10.2 INTERROGATORIES VERSUS DEPOSITIONS
    Chapter 11 DEFENDING DEPOSITIONS
    11.1 ANTICIPATING PROBLEM COUNSEL
    11.2 ANTICIPATING PROBLEM QUESTIONS
    11.3 PREPARING YOUR CLIENT
    11.4 CHIT CHAT
    11.5 ANSWERING ON BEHALF OF THE WITNESS
    11.6 ADVISING THE WITNESS NOT TO ANSWER
    11.7 WHEN THE OTHER SIDE CALLS THE JUDGE
    11.8 WHEN THE OTHER SIDE HALTS THE DEPOSITION
    Chapter 12 PRESERVING TESTIMONY FOR TRIAL
    12.1 BEFORE COMMENCEMENT OF ACTION
    12.2 BEFORE COMMENCEMENT OF DISCOVERY
    12.3 BEFORE JUDGMENT
    12.4 AFTER JUDGMENT
    Chapter 13 DEMONIZING DEPONENTS

    13.1 UNDERSTANDING DEPONENTS
    13.2 WHEN LAWYERS ANSWER QUESTIONS
    13.3 TEMPER, TEMPER
    APPENDIX A SAMPLE DEPOSITION
    APPENDIX B SAMPLE PLEADINGS
    App. B-1 Notice of Deposition
    App. B-2 Subpoena
    App. B-3 Subpoena Duces Tecum
    App. B-4 Notice of Rule 30(b)(6) Deposition
    App. B-5 Waiver and Acceptance of Service
    App. B-6 Letters Rogatory
    APPENDIX C SAMPLE DEPOSITION OUTLINE
    APPENDIX D INTERPROFESSIONAL CODE, PARTS 7 THROUGH 9
    TABLE OF AUTHORITIES
    SUBJECT INDEX

     

    Colorado Bar CLE


    CLE in Colorado, Inc. (CBA-CLE) is the nonprofit educational arm of the Colorado and Denver Bar Associations. CBA-CLE strives to produce high-quality CLE programs and legal publications at competitive prices, with substantial member discounts. CBA-CLE is financially independent from the Associations, and does not receive membership dues or other unearned income from the CBA or DBA. Every year, hundreds of Colorado lawyers and judges volunteer their time and expertise to help CBA-CLE produce these educational resources. Without their generous contribution of talent, CBA-CLE could not fulfill its mission.

     

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