Overview
Law360 quoted Michael Dockterman in a February 19 article titled “Three Surefire Ways to Wreck a Deposition.” The article discusses common missteps that can sabotage a deposition. Mr. Dockterman outlines two mistakes attorneys should avoid in order to ensure they get all of the right information and none that will be harmful to their case down the road.
The first mistake is treating the deposition like a trial. A deposition provides both an opportunity to take trial testimony and to discover what the witness has to say, Mr. Dockterman explains. “Ignoring the discovery aspect of depositions and asking only those questions to which you already know the answers because that is the safe course for trial can leave — or plant — ticking time bombs,” he says.
The second mistake, according to Mr. Dockterman, is swinging too far in the other direction, treating the deposition as if it were for discovery purposes only and losing sight of trial. “Nothing hurts worse than having the other side make you show or read your deposition examination of the witness at trial while you listen to damaging testimony you elicited yourself,” he says.
The full article can be read at Law360 (subscription required).
