Taking, Questioning the Witness

Taking Depositions,  Checklist for arrangements at the outset of making a record

Taking Depositions, Checklist for arrangements at the outset of making a record

Time: 13:10 Dealing with the Reporter and Transcript: Information for the court reporter, making an alternate record, arrangements for the transcript, attaching documents, going on and off the record, swearing the witness...

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Taking Depositions,  Asking the preliminary “commitment” questions

Taking Depositions, Asking the preliminary “commitment” questions

Time: 8:41 Asking the Preliminary Questions: "Commitment" questions establish a basis for challenging any later modifications by the witness; "no excuses" questions establish that the witness is not under any temporary disability..

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Taking Depositions,  Cover a subject systematically with the funnel technique

Taking Depositions, Cover a subject systematically with the funnel technique

Time: 19:13 The funnel technique is all about efficiency: This video illustrates the use of the funnel technique for a situation where the witness overheard an important telephone conversation..

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Taking Depositions,  Converting the witness’s “guess“ into useful testimony

Taking Depositions, Converting the witness’s “guess“ into useful testimony

Time: 18:40 What to do when an adverse witness hides behind the curtain of guessing: Techniques to get from inadmissible "guesses" to admissible testimony..

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Taking Depositions,  Discovery about the witness’s use of social media

Taking Depositions, Discovery about the witness’s use of social media

Time: 13:02 Basic line of questions to find out if useful information relevant to the case might be on the witness's social media: Techniques to use deposition discovery with respect to the content of social media posted by a lay witness..

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Taking Depositions,  Discovery about an expert’s use of social media

Taking Depositions, Discovery about an expert’s use of social media

Time: 11:23 Basic line of questions to find out if useful information might be on the witness's social media: Techniques to use with respect to the content of social media, professional sources, blogs, recovering deleted info..

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Taking Depositions,  Questions to test privilege claims

Taking Depositions, Questions to test privilege claims

Time: 17:39 Exploring a Claim of Attorney-Client Privilege: Testing whether the claim of attorney-client privilege meets all the requirements to support an instruction not to answer questions about the substance of a communication with a lawyer..

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Taking Depositions,  Questions to test claims of “I don’t recall”

Taking Depositions, Questions to test claims of “I don’t recall”

Time: 5:40 How to Question a Witness Who Frequently Says "Can't Remember" or "Would Have to Guess": Witness coaching by opposing counsel before the deposition may result in useless initial answers. How to get around this..

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Taking Depositions,  Provide the foundation for a document exhibit

Taking Depositions, Provide the foundation for a document exhibit

Time: 18:05 Factors to Consider in Laying an Adequate Foundation and Defending Against Objections: Why laying a foundation at a deposition is different from the drill at trial; how to be sure you've included all the necessary elements..

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Taking Depositions, Provide the foundation for an e-mail exhibit

Taking Depositions, Provide the foundation for an e-mail exhibit

Time: 16:49 Special Considerations in Laying a Foundation for E-Mail Chains: How to deal with e-mail chains in laying a foundation with a witness who is only one of the parties who created the chain; methods for authentication; meeting hearsay o..

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