Author: David A. Binder
Publisher: West Academic
Release Date: 2001
Provides descriptions and illustrations of effective strategies and techniques for taking and defending depositions. Designed to serve as a text for a 2-4 unit stand-alone depositions course or as a supplement to a civil pre-trial lawyering course. Devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed.
Author: David M. Malone
Release Date: 2012-01-01
The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. In this updated Fourth Edition, David Malone, Peter Hoffman and contributing author, Anthony J. Bocchino, again apply their expertise as attorneys and educators to bring you critical information and insight. They explain new discovery rules in evidence and civil procedure, and they discuss the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. New to this edition is a chapter dedicated to Rule 30(b)(6) organization depositions--the most powerful and efficient discovery tool available in complex litigation. This edition also provides new and expanded material on using depositions in motion practice and trial and taking and using preservation depositions. Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals. Be prepared for it all with The Effective Deposition.
Author: Bruce L. Ottley
Release Date: 2013-10-16
This concise and comprehensive Understanding treatise is designed to complement any products liability casebook. Part I consists of an overview of the complex body of products liability caselaw and statutes that has developed over the past century. The chapters follow a functional approach and begin with the four theories that are the foundation of all products liability cases: warranty, misrepresentation, negligence, and strict liability. Separate chapters in Part I then examine the principle types of product defects (design, manufacturing, and failure to warn) and some of the problems involved with proving that the product was defective and that the defect was the cause of the injury. Finally chapters focus on the various defenses available in a products liability action and the types of damages that a plaintiff may seek. An understanding of products liability law also requires an examination of the issues involved in the prosecution or defense of a products liability case. Part II addresses a range of those issues, including researching the case; drafting the complaint; interrogatories and requests to admit facts; requests for the production of documents; discovery and evidence depositions; protective orders; and discovery enforcement.
Author: Albert Moore
Publisher: West Academic Publishing
Release Date: 2016-03-04
This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed.
Author: Larry Pozner
Release Date: 2018-01-12
Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd’s classic work, written to meet the needs of today’s trial attorneys. Pozner and Dodd’s signature techniques and methodologies, which have brought them acclaim as the nation’s leading experts on cross-examination, are illustrated with numerous new examples added specifically for the Third Edition. The authors provide their best-ever coverage of the “chapter method” of cross-examination with additional excerpts to illustrate various trial scenarios. New content also includes Chapter 6 on Cross Preparation Systems: Sourcing the Facts, giving you the tools to immediately inform a witness, and the court, what electronic or paper document you are using and exactly where in the document is the material upon which you are questioning. As always, the authors, who have lectured on cross-examination to thousands of attorneys worldwide, guide you to successful trial outcomes with a conversational, engaging, and easy-to-read writing style. Inside you'll find valuable advice on how to: Use opponents’ objections as the springboard for deeper and broader cross-examinations. Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits. Use “double loops” to discredit opposing expert witnesses. Use voir dire to create great jurors Use a fact-driven investigation to develop a winning theory Use a witness’s own words to follow your theme and theory Control the runaway witness Communicate winning theories in opening, cross, and closing Use loops to box in the witness Use tactical sequencing to create the most powerful cross Convert a witness’s silence into admission of fact Induce the witness to voice your pre-selected words Prepare for devastating impeachment Close off any escape routes for the witness Punish the evasive or “I don’t know” witness Control the crying witness Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd’s treatise remains the definitive guide to preparing killer cross-examinations, only from LexisNexis.
Author: Marilyn J. Berger
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-10-13
Pretrial Advocay: Planning, Analysis, and Strategy, Fifth Edition provides an excellent conceptual and practical foundation for pretrial litigation for both teachers and students. Pretrial Advocay covers both criminal and civil pretrial practice, with a focus on federal and state litigation. Professional responsibilty and civility are emphasized through the text. Checklists of skills, techniques, and ethics, which appear in each chapter, as well as 79 assignments, designed for student role-play performances, allow for greater student comprehension. Features New complete password-protected website (aspenadvocacybooks.com) containing: Streaming videos 79 assignments for role-play skills performances, such as drafting pleadings and taking and defending a deposition Drafting demand letters and mediation briefs with a step-by-step explanation of how to draft effective demand letters and mediation bries with examples Pleadings Chapter newly revised and enhanced Up-to-date Rules changes are incorporated