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Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about...more
We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing...more
As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more
Success in taking a deposition comes with proper planning and effective execution. The basic recipe for success is to define the deponent’s importance in the case, identify the pertinent areas of inquiry and utilize the...more
This article is the second, and final, part of a two-part series that is meant to provide some guidance, suggestions, and insights for younger attorneys that have little or no deposition experience that are tasked with...more
This article is part one of a two-part series and is meant to provide some guidance, suggestions, and insights for younger attorneys that have little or no deposition experience that are tasked with leading the brigade for...more
Let’s consider the life cycle of the Reptile — not the slithering, cold-blooded animal, but the strategic approach to arguing plaintiffs’ cases advocated by David Ball and Don Keenan. That perspective, trying to win by...more
A deposition is one of the most useful discovery tools for trial attorneys. It is the only opportunity, prior to trial itself, where an attorney can question a witness about nearly everything he or she knows regarding the...more
When a witness' deposition has been noticed, it is important to educate the witness first about what to expect and what a deposition is. These are a few key pieces of information to share with a deponent and help set her...more
Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more
Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more
This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below...more