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The Modern Deposition
The role and goals of deposition practice in modern litigation is ever evolving as is the technology utilized to execute them. As Anthony J. Bocchino and David A. Sonenshein note, the disappearance of the civil jury in favor of case disposition via motions practice, ADR and negotiation. . The authors offer a new paradigm for conceiving of, preparing for, taking and defending deposition using modern technology and provide examples on executing this most important of discovery devices to meet the demands of contemporary litigation.
The factors that have led to major changes
The uses of deposition testimony in modern litigation
The developing of case theory on the legal, factual and persuasive levels for efficient and economic use of depositions
Exploration of fact gathering systems to insure completeness of information
Using depositions for theory testing and the obtaining of admissions
The keys to deposition preparation
The importance of witness preparation
The need to insure that all facts that support case theory are divulged by witnesses who are deposed by the opposing party
The step-by-step process of a modern deposition
The substantive issues in obtaining witness testimony, and techniques necessary in fact gathering
The tactical and form issues in obtaining witness testimony, and techniques in fact gathering
The techniques of defending depositions
The importance of defending counsel to question witnesses deposed by opponent to insure complete divulging of favorable information
The best uses of technology in preparation for, taking and defending depositions using real- time transcription devices with digital video recording of the depositions of all important witnesses
The special issues involved in the use of expert witnesses in litigation and the unique techniques for conducting expert depositions.
The importance of the Rule 30(b)(6) deposition as a discovery device and for the purpose of obtaining admissions
Bocchino and Sonenshein’s exploration of the law demonstrates the need for innovation in civil litigation. Depositions must be complete, comprehensive and persuasive..
Bocchino and Sonenshein examine several key components of the deposition and its transformation:
The factors that have led to major changes
The uses of deposition testimony in modern litigation
The developing of case theory on the legal, factual and persuasive levels for efficient and economic use of depositions
Exploration of fact gathering systems to insure completeness of information
Using depositions for theory testing and the obtaining of admissions
The keys to deposition preparation
The importance of witness preparation
The need to insure that all facts that support case theory are divulged by witnesses who are deposed by the opposing party
The step-by-step process of a modern deposition
The substantive issues in obtaining witness testimony, and techniques necessary in fact gathering
The tactical and form issues in obtaining witness testimony, and techniques in fact gathering
The techniques of defending depositions
The importance of defending counsel to question witnesses deposed by opponent to insure complete divulging of favorable information
The best uses of technology in preparation for, taking and defending depositions using real- time transcription devices with digital video recording of the depositions of all important witnesses
The special issues involved in the use of expert witnesses in litigation and the unique techniques for conducting expert depositions.
The importance of the Rule 30(b)(6) deposition as a discovery device and for the purpose of obtaining admissions
Bocchino and Sonenshein’s exploration of the law demonstrates the need for innovation in civil litigation. Depositions must be complete, comprehensive and persuasive..
520 pages, Kindle Edition
Published September 27, 2017
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