It is not very often in our normal practice we are called upon to perpetuate the testimony of a client who will likely not survive to trial. In cases of mesothelioma it tragically is the case, but on occasion in a normal tort practice it can be necessary. I advised a friend recently in a case where perpetuation was necessary and here’s what I advised. The approach you use depends almost entirely on the circumstances involving the client and the…
We all know how to take depositions, but sometimes we forget the basics because we think we don’t have to prepare. Here’s a very simple outline of things to consider before you take a deposition. It’s a reminder of what we should consider before we depose someone. PRELIMINARY PREPARATION 1. MAKE COPIES OF THE CIVIL RULE: The Civil Rules relating to deposition discovery have provisions governing conduct and objections that are permissible during a deposition. With some defense counsel it may…
I recently deposed an investigator hired by the defense who kept my client under surveillance over a long period of time. While you may not have had this happen to your client you may find the outline helpful. EXAMINATION OF INVESTIGATOR (“tailing, stakeout, spying, tracking, snooping, secretly watching, sneak, peeping Tom, prying, invading privacy”) INTRODUCTION 1.NAME (only – not address -save for later) WHAT HE DID GENERALLY IS IT TRUE STARTING IN MARCH OF 2011 YOU BEGAN SECRETLY WATCHING THE…