February 3rd Notes

Litigation Basics
February 3, 2010

NEWS
DATES:
Feb 11th: Midterm
Feb 25th: Discovery Project Due

Pleased with the Pleadings
Average 42.4

Writing test this weekend
Review next week:
short answer, multi choice, fill in the blank, probably an essay (service of process), maybe privilege, Fisions case, rule book structure (any rule talked about), maybe injunction question (3 stages)
-Up to but not including Discovery, Chapter 8 (there may be questions) Not Chapter 9
-bring all handouts (complaints and motions probably not)
-bring all rule books
---------------------------------------------------

Chapter 9
Depositions

Preparing Clients for the deposition
1. dress neat
2. listen to questions
3. answer each question aloud
4. answer each question asked
5. do not volunteer information
6. be courteous, not overly friendly
7. do not be argumentative
8. do not interrupt
9. if you do not understand ask to repeat
10. listen carefully to any rephrasing of your answer
11. if you need to review a document to answer a question
12. if you do not know the answer, say so
13. do not look at your attorney
14. do not be distracted
15.if your attorney advices you not to answer, do not answer
16. playing for a tie

-clients need to be reminded to say as little as possible
-remind them not to answer any questions they don't know
-never guess

Mock Deposition
-can not predict all the questions that will be asked
-expensive
-client may not be able to handle different questions

-make depositions open to sudden changes but that they covered needed topics

Witness Evaluation
-anything you give your client to review, the opposing attorney can see it
    -do not give them anything
    -no notes, memos, letters to the client

-always have the client review their deposition prior to trial
    -if they say the wrong answers there can be impeachment
    -client has 30 days to review, they can waive it but they should review it for changes

Deposition Summary
-good to have for new people on the case
-not a substitute for reviewing your depositions
-do it while they are still fresh
    -only uses page-line summary
        -in order it was deposed
        -helps to find topics and easy to focus on
    -the other two methods, topical and chronological
        -less effective depending on how well you know your case

-Rule 31 and Rule 30: limit on number of depositions, deposing the same witness trice, taking deposition before time in Rule 26(d)
    -change in numbers for the State:
    1. cross questions- 15 days after notice and written questions served
    2. redirect questions- 10 days after service of cross questions
    3. recross questions- 10 days after service of redirect questions

Federal:
    1. cross questions- 14 days after notice and written questions served
    2. redirect questions- 7 days after service of cross questions
    3. recross questions- 7 days after service of redirect questions

Appendix A page 469
-think about the questions and what areas are we interested in
-seems vague
    -needs better background
    -other schools, wife, kids, felonies, how long he's lived there, etc.
-ask if there is a procedure manual, then ask about if you are familiar with it
    -MUST establish it as a question then ask
-ask when he graduated, follow up questions
-pretend a blind person needs to know what is going on
    -it hurts here:  it's hurts in my mandible on the right side inferior to the ear
    -nods yes, Ask, you are nodding yes?
-no such thing as a typical day
-you may lead hostile witnesses
-specify on questions about procedures
-do not impeach on a deposition

try to avoid asking yes and no questions

Liability
witnesses, facts, conversations, police, date, time, items involved,

Damages
injuries, financial loses, damages to items, damages to others, impact in her life