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Example text

As a result, Chang’s main strategy at trial may be to argue that the lack of a written contract is strong evidence that Chang and Ramirez never finalized the deal. Witness Preparation Depositions are prime trial preparation tools for witnesses as well as parties. If you’ve been deposed, you should review your deposition testimony carefully before testifying at trial for the following reasons: • Your deposition is likely to be an excellent memory refresher, as you will have given it months (and possibly even years) closer to the actual events than you give your trial testimony.

If you cannot reach an agreement, your adversary will have to go to court and seek an order requiring you to produce additional documents. At the court hearing, you can justify your response by pointing out the vague wording of the document request and why additional documents would have no bearing on the case. Are Requested Documents in Your “Possession or Control”? ” Your adversary cannot force you to obtain documents that are in the possession of someone who is outside your control. At the same time, it is not legally proper for you to give documents away to other people simply to avoid having to comply with a request in a Notice of Deposition.

If you sincerely believe that you have answered all relevant questions repeatedly and the deposing lawyer is prolonging your deposition excessively, you might consider simply leaving. However, be aware that a lawyer who thinks you are trying to avoid answering important questions might respond by asking a judge to hold you in contempt of court. Deposition Attendees Who are the people you will encounter in the world of depositions? This section looks at all the significant players who typically are present (and sometimes not present) at a deposition.

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