Law Practice
Jun. 7, 2016
Rethinking depositions
At trial, lawyers generally have prior depositions of the witnesses to help frame questions with confidence as to the likely answers and to impeach the witnesses if they are not forthcoming. But the deposition questioner is flying relatively blind. By David M. Balabanian
LESSONS LEARNED
With trials ever scarcer, the burden of securing of case-determinative testimony falls increasingly on depositions, which supply the basis on which many, maybe most, cases are resolved either by motion or settlement.
But depositions impose costs and pose challenges that are sometimes overlooked. Indeed, a fair assessment would score many of them net positiv...
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