Essentials of Depositions

A pre-recorded streaming VIDEO replay of the March 2024 webcast, Essentials of Depositions

Depositions have become a standard part of most cases, and if done right, they can be an incredibly useful tool. But, if you don’t have a seasoned partner sitting second-chair, how do you know whether you are doing it right? They are expensive and time consuming, and opposing counsel can make the experience frustrating at best. This program teaches you to navigate the process and get the most from your depositions.

If you are facing your first deposition, or are a veteran of many but wish to revisit the basics of conducting a deposition, this course is for you. It will not be a mere recitation of the applicable rules.  Rather, our experienced faculty identifies the important decisions you must make before, during, and after the deposition, and provide you with useful guidance and best practices at every stage. You learn when you should—and shouldn’t—seek a deposition, how to conduct it effectively and efficiently, how to deal with difficult opposing counsel, and how to use the deposition to best effect at trial.

• When is a deposition appropriate?
• The mechanics of a deposition in Virginia
• Should the deposition be video-recorded?
• Choosing virtual depositions—video and phone depositions (Rule 4:7A)
• The use of documents at deposition
• Objections at deposition
• Identifying deposition objectives and varying techniques depending on those objectives
• How to get what you need from the reluctant witness
• How to deal with difficult opposing counsel and when to call the judge
• Deposition-related motions
• Special situations (depositions of persons designated to testify for organizations under Rule 4:5(b)(6); foreign depositions)
• The use of deposition transcripts at trial
• Impeachment with a deposition at trial
• The use (and abuse) of errata sheets

Faculty

James F. Neale, McGuireWoods LLP / Charlottesville

Bryan Slaughter, MichieHamlett / Charlottesville

About the Speakers

James F. Neale, McGuireWoods LLP / Charlottesville

James Neale’s varied trial practice focuses on high-exposure tort cases in courts across the country.  His trial experience includes personal injury, nuisance, products liability, insurance coverage, premises liability, transportation, pharmaceutical, and right-of-publicity cases.  He has won verdicts in state and federal courts in Virginia, West Virginia, North Carolina, Georgia, Maryland, Delaware, and California.  In addition, Mr. Neale has defended clients in a variety of other adversarial arenas, including high-exposure cases before the Judicial Panel on Multidistrict Litigation and numerous arbitration panels. He has briefed and argued appeals to the Virginia Supreme Court, the California Court of Appeals, the U.S. Court of Appeals for the 4th and the 11th Circuits, and the full Virginia Workers’ Compensation Commission.

Bryan Slaughter, MichieHamlett / Charlottesville

Bryan Slaughter concentrates his practice on cases involving catastrophic personal injury or wrongful death.  His practice areas include products liability, serious automobile and truck accidents, premises liability, and medical malpractice.  He is a member of the Virginia and West Virginia state bars, and he has tried cases throughout the region.  Mr. Slaughter graduated from the University of Virginia in 1991, and the Washington and Lee University School of Law in 1997.  He is a past president of the Virginia Trial Lawyers Association, and a member of both the American College of Trial Lawyers and the International Academy of Trial Lawyers.  He is a member of the Boyd-Graves conference, a faculty member at the National Trial Advocacy College, and has lectured and written on various topics involving products liability and personal injury law. Mr. Slaughter is particularly interested in pro bono service and access to justice issues, and in that regard serves on the Virginia Supreme Court’s Access to Justice Commission.