Controlling the Deposition

A pre-recorded streaming VIDEO replay of the April 2022 webcast, Controlling the Deposition.

All too often, witnesses and their counsel frustrate the deposition process with obstructive and abusive behavior. Every litigator has stories of that nightmarish deposition starring the uncooperative witness and rude opposing counsel. Combative testimony, speaking objections, improper coaching, and derogatory personal references are all featured. The resulting out-of-control deposition yields little of value—other than another good story to tell later.

Wouldn’t it be better to control the deposition from the very beginning? Although there are times when a judge may need to intervene, it is usually up to counsel to control the deposition process. This program provides views from the trenches and from the bench on how to deal with problem witnesses and problem counsel.

Topics to be covered include:

• Inside the Deposition Room
  • Witness preparation and coaching
  • Proper and improper objections
  • Dealing with experts
  • Controlling the video or phone deposition
  • Best practices for taking and defending depositions
  • Ethical issues
  • Avoiding waiver of objections and other issues for appeal
• Judicial Perspectives on Deposition Disagreements and Misconduct
  • How bad does it have to be to call the judge?
  • Judicial intervention in depositions
  • Sanctions and other remedies