Adverse Witness Depositions: Advanced Techniques in Exhaustion, Boxing-In, and Summarizing

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, August 11, 2020

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will cover advanced deposition techniques in commercial litigation. The panel will discuss strategies for getting the most out of depositions, including exhaustion, boxing-in, and summarization techniques for ordinary, hostile, or evasive witnesses.

Description

Depositions are an essential tool for gathering the information to prove the client's case, to disprove or undercut the adversary's positions, to pin down the critical facts of the case, and to tee up a settlement or dispositive motion.

Depositions set the stage both for pre-trial resolutions and victory at trial. The value of deposition testimony is directly proportional to the examining attorney's goals and techniques. Commercial litigators who hone their skills to elicit the testimony and evidence they desire will significantly increase the likelihood of a favorable disposition of the case.

Counsel must be proficient in the techniques of exhaustion, boxing-in, and summarizing. If implemented optimally, these techniques will give the commercial litigator the best shot at gathering vital information from even the most difficult or evasive deposition witnesses. If the desired information is not forthcoming, these techniques may expose witnesses acting in bad faith and being less than forthcoming, providing ammunition for impeachment.

Listen as our experienced panel introduces the best methods for using techniques without tipping off the deponent and provides real world demonstrations of how they work. Depositions are an essential tool for gathering the information to prove the client's case, to disprove or undercut the adversary's positions, to pin down the critical facts of the case, and to tee up a settlement or dispositive motion.

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Outline

  1. Introduction
  2. Exhaustion
  3. Restating/summarizing
  4. Boxing-in
  5. Structuring depositions for difficult and evasive witnesses

Benefits

The panel will review these and other key issues:

  • How exhausting the subject prevents surprises at trial and aids impeachment
  • Using these technicques with the evasive witness
  • The art of boxing in the evasive or hostile witness
  • How the "summarizing" technique can prevent witnesses from changing positions later in the case.

Faculty

Gordon, Michael
Michael R. Gordon
Founder and Managing Partner
GordonLaw

Mr. Gordon has been representing businesses and individuals in all aspects of dispute avoidance and resolution since...  |  Read More

Snow, John
John A. Snow
Shareholder
Parsons Behle & Latimer

Mr. Snow's practice focuses on general civil litigation. He is listed in "The Best Lawyers in America" in...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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