Depositions: Successfully Planning, Taking, Using — 3.25 Ohio General Credits

Conducted properly, a deposition can lead to a favorable verdict, summary judgment for your side or settlement on good terms for your client. Conversely, a deposition handled improperly can result in a settlement on adverse terms and/or a loss at trial.

In this 3.3-hour July 19, 2019 program, Michael J. Hutter, Esquire, who has many years of experience, explains the law and rules governing depositions. He then gives many practical tips regarding preparing the deponent, taking the deposition, and using the deposition at trial. Every attorney involved with depositions will find this program to be very helpful.

Mr. Hutter is Professor of Law at Albany Law School where he received the 2015 Faculty Award for Excellence in Teaching. He is also Special Counsel to the Albany, New York law firm of  Powers & Santola, LLP.

Major topics:
Discovery 
-purpose; devices; scope
Discovery Depositions
-generally; purpose; keys to successful depositions
Privilege Considerations
-attorney-client privilege
-materials prepared in anticipation of litigation
-work product
Initial Procedural Considerations For Depositions 
-governing rules
-FRCP provisions: noticing the deposition; content of notice; timing of notice; location; format; length and number of depositions; persons present; examination of the deponent; changes to deposition testimony
-special situations: deposition of corporation; designated expert; employee
Conducting The Deposition
-basic starting points; examination of the deponent; objecting to questions; breaks and conferring with witness; sanctions for deposition misconduct
Preparing Your Witness For Deposition 
-witness preparation; governing rules; initial meeting; agenda; questioning the witness; privilege issues
Taking The Deposition
-identify what you want to accomplish; questioning; initial instructions?
Use Of The Deposition
-evidentiary uses; effect of 2013 amendments to FRCP 45(c)

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