Depositions: Best Practices and Potential Pitfalls

Faculty

• Hon. Rosemary Connolly, Massachusetts Superior Court
• Thomas Jackson, Esq., author of the Practicing Law Institute’s The Deposition Handbook (3rd ed.)
• Dylan Sanders, Esq., Beveridge & Diamond P.C.

Depositions are critical in preparing almost any case. It is a skill that can be mastered. A deposition reveals the strength of the case, the credibility of witnesses and lays the foundation to challenge experts. This program will focus on best practices as well as the common pitfalls facing both taking and defending lawyers.

Among the topics to be discussed are: 

• Depositions for different objectives, such as to perpetuate testimony, to further discovery, and to support a motion for summary judgment, etc. 
• Effective preparation for the deposition.
• Understanding the implications of stipulations, such as reserving all objections except as to the form of the question.
• Committing a witness to an answer. 
• The importance of your outline and being flexible to depart from your outline!
• The art of listening to the witness.
• Using exhibits effectively. 
• Timing issues: When to take a deposition.
• How to deal with objections, such as speaking objections, coaching objections and how to protect the record from aggressive or improper conduct at depositions. 
• Defending your witness within the permissible scope of the rules. 
• Video depositions – practice tips.
• Remote depositions – practice tips.
• When and how to obtain expert depositions consistent with Massachusetts practice.
• Effective use of depositions at summary judgment and trial.