A detailed aid for client's reading before client's deposition is taken by attorney opposite. Describes many considerations for a successful deposition, tips and pointers for what to do and what to avoid, techniques opposing counsel will attempt to use, etc. Invaluable pre-deposition reading for client.
Minnesota Your Deposition - A Client's guide to their deposition by opposing counsel
Category:
State:
Minnesota
Control #:
MN-9005D
Format:
Word;
Rich Text
Instant download
Description
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FAQ
No. You do not need to serve opposing counsel with copies of your trial subpoenas.
Given civil procedure rules allowing liberal discovery, it is not unheard of for a party to assert that it must depose opposing counsel during the course of litigation. In that circumstance, the general rule of liberal discovery collides with the bedrock value of adversarial adjudication.
Any party to the case can be deposed during the discovery phase. A party can be either a person or an organization. In the event that the party is an organization, employees or other people with knowledge of the events may be deposed.
Never Guess to Answer a Question. Avoid Any Absolute Statements. Do Not Use Profanity. Do Not Provide Additional Information. Avoid Making Light of the Situation. Never Paraphrase a Conversation. Do Not Argue or Act Aggressively. Avoid Providing Privileged Information.
Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). Privileged information. Irrelevant information.
Prepare. Tell the Truth. Be Mindful of the Transcript. Answer Only the Question Presented. Answer Only as to What You Know. Stay Calm. Ask to See Exhibits. Don't Be Bullied.
Point out Common Ground. Don't be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Don't Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
A lawyer is not prohibited from calling another party's attorney or another member of the party's attorney's firm as a witness, either in discovery or at trial, where such attorney may have unprivileged knowledge relevant to the case or unprivileged knowledge reasonably calculated to lead to the discovery of admissible