News
Litigation
Feb. 28, 2002
Be Prepared: Pack Your Deposition Bag
Dicta Column - By Henry L. Hecht - Before heading off to a deposition, make sure you've packed up all the items you'll need. This checklist will help you do this. Although it's designed for deposition takers, it can be used when defending.
Dicta Column
By Henry L. Hecht
Before heading off to a deposition, make sure you've packed up all the items you'll need. This checklist will help you do this. Although it's designed for deposition takers, it can be used when defending.
• Caption page for the court reporter.
• If the deposition is continuing from an earlier date and the court reporter is new, write down for the reporter the page number of the last transcript.
• If the testimony will be recorded both on diskette and as hard copy, a note for the court reporter explaining your computer disk requirements.
• Instructions for the court reporter on where and when to deliver the transcript, including any request for expedited service.
• Glossary of relevant terms and the spelling of difficult names to which the court reporter can refer.
• Applicable rules of civil procedure and evidence for your jurisdiction and any local rules or standing orders of the court governing discovery in your case.
• Telephone number for the judge, magistrate judge or discovery special master who will decide discovery disputes. This will add impact to any threat you make during the deposition to call this person for a discovery ruling.
• Available court dates for discovery motions to be heard. This will add credibility to any threat to file a motion to compel.
• Your calendar so you can schedule a continued deposition, the production of documents, hearings on motions related to the deposition and the like.
• Text of proposed stipulations.
• Outline of questions you intend to ask.
• Your standard questioning formats, such as questions to be asked the author of a document or to lay the foundation for the admissibility of a document.
• At least three copies of any documents you plan to use: one to be marked and attached to the transcript, another for opposing counsel, and an annotated copy to use when questioning the witness. If the document contains technical terms, bring a fourth copy for the reporter.
• Copy of the notice, subpoena or written stipulation that secured the attendance of the witness, which often is marked as an exhibit to a deposition.
• Copy of relevant pleadings, to help respond to objections that your questions are beyond the scope of permissible discovery.
• Dictionary. This can be an effective tool for a witness who tries to avoid answering questions by claiming not to understand common terms.
The availability of these items will increase the likelihood that the deposition will be a success for you and your client.
Henry L. Hecht is a lecturer at Boalt Hall and founder of The Hecht Training Group, a litigation skills training firm. He can be reached at hhecht@law.berkeley.edu.
By Henry L. Hecht
Before heading off to a deposition, make sure you've packed up all the items you'll need. This checklist will help you do this. Although it's designed for deposition takers, it can be used when defending.
• Caption page for the court reporter.
• If the deposition is continuing from an earlier date and the court reporter is new, write down for the reporter the page number of the last transcript.
• If the testimony will be recorded both on diskette and as hard copy, a note for the court reporter explaining your computer disk requirements.
• Instructions for the court reporter on where and when to deliver the transcript, including any request for expedited service.
• Glossary of relevant terms and the spelling of difficult names to which the court reporter can refer.
• Applicable rules of civil procedure and evidence for your jurisdiction and any local rules or standing orders of the court governing discovery in your case.
• Telephone number for the judge, magistrate judge or discovery special master who will decide discovery disputes. This will add impact to any threat you make during the deposition to call this person for a discovery ruling.
• Available court dates for discovery motions to be heard. This will add credibility to any threat to file a motion to compel.
• Your calendar so you can schedule a continued deposition, the production of documents, hearings on motions related to the deposition and the like.
• Text of proposed stipulations.
• Outline of questions you intend to ask.
• Your standard questioning formats, such as questions to be asked the author of a document or to lay the foundation for the admissibility of a document.
• At least three copies of any documents you plan to use: one to be marked and attached to the transcript, another for opposing counsel, and an annotated copy to use when questioning the witness. If the document contains technical terms, bring a fourth copy for the reporter.
• Copy of the notice, subpoena or written stipulation that secured the attendance of the witness, which often is marked as an exhibit to a deposition.
• Copy of relevant pleadings, to help respond to objections that your questions are beyond the scope of permissible discovery.
• Dictionary. This can be an effective tool for a witness who tries to avoid answering questions by claiming not to understand common terms.
The availability of these items will increase the likelihood that the deposition will be a success for you and your client.
Henry L. Hecht is a lecturer at Boalt Hall and founder of The Hecht Training Group, a litigation skills training firm. He can be reached at hhecht@law.berkeley.edu.
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