A deposition is part of a party's discovery plan, albeit a very important, if not the most important, part. Conducted properly, a deposition can lead to favorable results. Conducted poorly or improperly, it can lead to unfavorable results.
In this 1.5-hour, November 15, 2022 presentation, Michael J. Hutter, Esquire, covers key topics including planning, governing rules, conducting the deposition, privilege issues, use at trial, and more. In addition, he provides many practical warnings and tips.
Mr. Hutter is Professor of Law at Albany Law School where he teaches courses in Unfair Competition and other topics. He has received numerous honors including the Albany Law School Faculty Award for Excellence in Teaching and the Schenectady County Bar Association's President's Award. Mr. Hutter is also Special Counsel to the Albany, New York law firm of Powers & Santola, LLP.
Major topics include:
Depositions as part of discovery
- proportionality and more
- purpose of the deposition
- keys to successful depositions
- privilege considerations
Initial procedural considerations
- governing rules
- FRCP provisions
- special situations
Conducting The Deposition
- basic starting points
- examination of deponent
- objecting to questions
- breaks and conferring with witness
Use Of The Deposition At Trial
- evidentiary uses
- effect of 2013 amendments to FRCP 45(c)
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