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Defending a Deposition Toolkit (Federal)
Practical Law Toolkit w-026-1625 (Approx. 9 pages)
Defending a Deposition Toolkit (Federal)
by Practical Law Litigation
| Maintained • USA (National/Federal) |
Resources to assist counsel with several key aspects of defending oral depositions in federal civil litigation. Specifically, this Toolkit links to resources for defending counsel related to preparing for and defending depositions of parties, nonparties, and experts.
Depositions are among the most critical discovery tools available to parties involved in civil litigation and can significantly influence the outcome of a case. For example, the attorney taking the deposition (the deposing attorney) may use harmful deposition testimony in support of or in opposition to a motion for summary judgment, during settlement negotiations, and at trial. Skillfully defending a witness at the deposition limits the damage that the deposing attorney may inflict in the stages leading up to resolution of the case.
Given the high stakes for both sides and the diminishing number of cases that reach trial, attorneys must thoroughly prepare themselves and the witness for the deposition. For the defending attorney, deposition preparation includes:
- Researching the relevant procedural rules and applicable law.
- Effectively preparing the witness.
- Making permissible and appropriate objections at the deposition.
- Knowing when to submit the deponent's errata sheet.