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Go over where and when the deposition will take place, who will be present and why, and the role of the court reporter and the videographer (if the deposition will be videotaped). Also, explain the oath. Explain what a deposition is. Describe what a deposition is so that your client is familiar with the basic process.
?I offer Deposition Exhibit X into evidence.? Do that anytime after the exhibit that is important to your case is produced at the deposition by any attorney and identified or used by the witness. If it has not been marked as an exhibit, have the court reporter mark it, than make your offer.
Deposition DON'Ts: Guess or speculate. ?I don't know? or ?I can't remember? is acceptable. Be anxious or stressed out. It will affect what you say and how you appear. Be defensive or angry. Never argue with the attorney. Offer information not requested. ... Talk too much or ramble. ... Talk too little. ... Be too extreme.
?I offer Deposition Exhibit X into evidence.? Do that anytime after the exhibit that is important to your case is produced at the deposition by any attorney and identified or used by the witness. If it has not been marked as an exhibit, have the court reporter mark it, than make your offer.
Methods of Authentication Testimony of Witness with Knowledge. Nonexpert Opinion on Handwriting. Comparison by Trier or Expert Witness. Distinctive Characteristics and the Like. Voice Identification. Telephone Conversations. Public Records or Reports. Ancient Documents or Data Compilations.
Deposition Transcript An alternative method of authentication for deposition excerpts is simply to include the court reporter's signed certification page. (Greenspan, supra at 523.) Once the deposition testimony is authenticated, it can be considered by the Court as evidence.
The preparation of fact witnesses is protected from scrutiny by the attorney-client privilege. The ethical rules trump the desire to win a case; but scrupulous compliance with ethical rules is not the only goal of a lawyer. More is at stake.
Deposition Transcript An alternative method of authentication for deposition excerpts is simply to include the court reporter's signed certification page. (Greenspan, supra at 523.) Once the deposition testimony is authenticated, it can be considered by the Court as evidence.