How To Take a Deposition - Best Practices | AlderTalk - How To Take A Deposition
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- เผยแพร่เมื่อ 12 ก.พ. 2023
- Watch to learn how to take a deposition #lawyer #legal #deposition #attorney
Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006
Emerson Electric Co. v. Superior Court (Grayson) - 16 Cal.4th 1101
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Michael Alder shares his knowledge gained from 30+ years in litigation in Personal Injury. His tips and conversations are dedicated to Lawyers of all experience levels
Michael Alder shares his knowledge gained from 30+ years in litigation in Personal Injury. His tips and conversations are dedicated to Lawyers of all experience levels.
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May I add some tips from a court reporter’s point of view:
1. Speak slowly.
2. Speak one at a time.
3. Read transcripts.
In the last 20 years as a court reporter in CA, I find that attorneys, especially younger ones, are speaking faster and faster. Seems like their brain is going a mile a minute, and it sometimes shows by questions going anywhere and everywhere.
It’s virtually impossible to take down multiple people speaking at once, usually when there’s an objection. Everyone will have a chance to speak and have their comments on the record. The transcript will be cleaner without dashes that we need to put in because one person is cutting off the other.
I’m not sure if most attorneys actually read their deposition transcripts or if they have interns read them and give notes. This may help tremendously on how to make a good record.
These three things will be very much appreciated by your court reporter 🤗
can't the recordings whether it be video or audio be used during trial anyhow or is it only what the court reporter is able to transcribe?
THANK YOU SOOOO MUCH!!!! I conducted my first deposition today and applied your tips and felt so empowered ❤ I got answers to the tough questions. That part on objection is priceless!
That’s so great to hear!!!
This was great!
thank you
Thank you for making a great video. You are an amazing lawyer.
Thank you! Happy to share.
Thank u
Way to go, Mike! Thanks for your candid and professional advice!!
Of course! New content today!
@@AlderTalk Are depositions demanded by motion or are part of a pretrial schedule or by simple letter or verbal request ?
or is it part of Interrogatories, Discovery, and under a procedural rule,etc. ??
Thanks in advance for an Answer
They are demanded by written notice
I don't understand something:
How come prisons are not overflowing with people who are exposed as liars under oath?
Furthermore, in my case:
Her LAWYER submitted a false exhibit at the hearing and it was later exposed.
How come her lawyer was not disbarred?
Because the legal system is schitt.
Crooked lawyers who charge for every hiccup, judges who are bias. They can all f off.
was this family law?
I love the coffee note. I have given my clients the best quality coffee artisano from my parents company.
Exactly!
Great instruction and tips on depo. You don't see this in CEB textbooks
Great job Mike
Thank you SO much for this, I'll be using these ideas in a depo tomorrow morning here in NOLA! Geaux Tigers!
Awesome. Good luck!!
Every other attorney video I've watched said to not give guestimates. It can go against you.
true, but he's pushing deponent to do just that because it's good for his side. Both are correct.
When a plaintiffs lawyer is deposing a pro se defendant, I would think that this is where the case is won. The defendants goose has to be cooked. Thoughts?
Why? For billing hours.
Great video sir. My absolute favorite is when corproate executives and corporate designee repeatedly testify “I don’t know” to critical questions where the evidence is stacked heavily against them and can only be looked at one way. These aee my favorite. And then I’m usually a a** and say you can testify to that nonsense all you want but that ain’t going to help you and only be devastating to your employer or the defendant in front of jurors in the Community hearing this case
Love that! The fact that they run a multi billion company and then seem to go deaf and mute and can’t understand simple questions is the best cross examination.
Sometime, the attorney will object so much that a judge needs to be called. If the judge is not available, it becomes a deadlock.
Why the headset?
Citations aren't in description.
Thanks. Let me add it
Am never at fault
That’s what they all say
you can only object for form during a depo? that doesn't sound right why not relevance?
Because there is no judge so relevance would have to be ruled on. It’s not up to the lawyers to determine what is relevant. It’s decided later. Stewart v colonial western.
@@AlderTalk so objections could be issued later on when they tried to admit something for the other types of objections?
@@007kingifrit exactly. The form of the question
Objection are made at the time of depo to give the questioning attorney the option of amending the question to fix any potential problem
❤😊
What if five years have past, its hard to remember!
Then that’s fine. But the point is you get to force them to tell everything they do remember
Watching for fun as I will be taking a deposition from a low level, scum lawyer. He's created a fraudulent case and I will be taking him down.