NITA® Deposition Rules: The Essential Handbook for Palm OS

About NITA® Deposition Rules: The Essential Handbook

• 4th Edition: 70 new pages based on the most recent changes to the Federal Rules of Civil Procedure and the Federal Rules of Evidence
• Introduction, including Title, Author, Editorial Board, Copyright Info, Reproduction Permission, Cataloging Data, Foreword, Introduction, Intro to Previous Edition, and Dedication
• Chapter 1: Who
  • Who can be deposed?
  • Who may ask questions at depositions?
  • Can witnesses and non-witnesses both be deposed?
  • Can organizations be deposed?
  • How many people can be deposed?
  • Can testifying experts be deposed?
  • Can non-testifying experts be deposed?
  • Who pays expert fees for disposition?
  • Can senior officials be deposed?
  • Can insiders or outsiders to the litigation be excluded from the deposition room?
  • Who takes custody of the transcript?
• Chapter 2: What
  • What may be asked?
  • What may the attorney direct the witness not answer?
  • What is the significance of an irrelevance objection?
  • What should you do about coaching?
  • What may you ask the deponent to speculate or guess about?
  • What may you ask about the contents of documents?
  • What application does the "Best Evidence Rule" have at depositions?
  • What use may be made of prior statements by the deponent?
  • What reference may be made to testimony by other witnesses?
  • What protection is provided to secrets or confidences?
  • What protection is provided for attorney work-product?
  • What problems can be cured, obviated, or removed?
  • What can be asked about the expert's opinion in this case?
  • What can be asked about the expert's opinions in other cases?
  • What are the "usual stipulations"?
  • What questions must the witness answer despite objection?
  • What must be supplemented in an expert's deposition?
  • What must be supplemented in a non-expert's deposition?
  • What corrections may be made to the deposition (and when may they be made)?
  • What are legitimate bases for objections?
  • What sanctions apply for failure to make discovery at deposition?
• Chapter 3: When
  • May depositions be taken before the complaint?
  • May depositions be taken pending appeal?
  • When, after the discovery conference, may depositions begin?
  • When may testifying experts be deposed?
  • When may you get some priority for depositions?
  • When are depositions and returns on request for production of documents scheduled?
  • When may formal corrections be made to the deposition?
  • When may you take a break?
  • When do depositions begin and end?
• Chapter 4: Where
  • Where must depositions be taken?
  • Where may party witnesses be deposed?
  • In the forum, at whose office is a deposition held?
  • Where does everybody sit?
  • Where do subpoenas issue?
  • Where do protective orders issue from?
  • Where do orders to terminate or resume issue?
  • Where are the notary and reporter in a telephone deposition?
  • Where do the documents go when the deposition is finished?
• Chapter 5: Why
  • Why take depositions of your own witnesses?
  • Why should you use depositions to support motions practice?
  • Why do depositions help you learn new information?
  • Why do depositions help confirm known information?
  • Why are depositions useful to support settlement discussions?
  • Why are interrogatories and requests for admission inferior to depositions?
  • Why should counsel taking the deposition avoid argument with defending counsel?
• Chapter 6: How
  • How do you notify the witness to appear?
  • How do you obtain protection from unreasonable timing?
  • How do you protect your client from improper process?
  • How do you start the deposition?
  • How should you frame questions to obtain new information efficiently?
  • How do you use leading questions appropriately?
  • How do you repeat questions to obtain refined answers?
  • How should you control the pace of the deposition?
  • How do you object to your opponent's behavior?
  • How do you make designations of transcript that you may use at trial?
  • How does your client communicate with you during the deposition?
  • How do you handle exhibits at deposition?
  • How do you number exhibits at deposition?
• Chapter 7: Expert Depositions
  • What is the relationship between the expert report and the expert deposition?
  • What is the most important question to ask at an expert's deposition?
  • What is the most important preparation for the expert's deposition?
  • What is the "Fourteen Document Rule" and how do you use it to prepare your expert?
  • How protective should you be of the expert at the deposition?
  • What role does your expert have in the deposition of the opposing expert?
  • What is the relationship between Daubert and the expert's deposition?
  • The Daubert Deposition Dance - Essay
• Chapter 8: Video Depositions
  • Why should you take a video deposition?
  • How do you adjust your defense in a video deposition?
  • How do you obtain rulings on objections to material in a video deposition?
  • When do you need a paper or computer transcript of a video deposition?
  • How do you use a video deposition at trial?
  • When should you use the video deposition at trial?
• Chapter 9: Seven Ways to Use Depositions at Trial, including Testimony of an absent witness, Past recollection recorded, Basis for proffer, Refreshing recollection, Source of admission, Impeachment, and Phantom impeachment
• Appendix, including section reprints from the Federal Rules of Civil Procedure and Federal Rules of Evidence