Lay Witness and Expert Witness Depositions in Personal Injury Cases: Advanced Deposition Techniques
Leveraging Restatement, Summarization, Boxing-In and Exhaustion Strategies; Using Deposition Testimony During Settlement and Trial
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss advanced techniques for taking and defending depositions of lay witnesses and expert witnesses in personal injury litigation. The panel will review strategies for getting the most out of depositions, including when and how to use and properly sequence the techniques of restatement, exhaustion, boxing-in and summarization to increase the effectiveness of depositions. The panel will also explain tactics for leveraging deposition testimony during discovery, settlement negotiations and trial.
- Advanced deposition techniques
- Determining where and when to depose witnesses
- Should a certain deposition not be taken (e.g., Will a medical report on its own be better than physician’s testimony?)
- Depositions of “Persons Most Knowledgeable,” e.g. FRCP Rule 30(b)(6) depositions
- Overview of case and case framing
- Lay witness vs. expert witness depositions
- Particular questioning strategies
- Post-deposition strategies
- Using deposition information during discovery
- Bringing other witnesses testimony to light with a deponent
- Establishing facts from depositions at settlement conferences and mediation
- Using deposition testimony at trial
- Using deposition information to pin down liability, with examples
- Establishing standard of care in roadway construction cases
- Establishing causation in tire tread separation cases
- Establishing fault in turn arrow intersection cases
The panel will review these and other key issues:
- What are the most common challenges personal injury litigators face when taking and defending depositions of lay witnesses and experts?
- What deposition techniques will maximize the information obtained from witnesses?
- How will using the techniques of restatement, exhaustion, boxing-in and summarization improve personal injury counsel’s ability to impeach an opposing witness?
- How can deposition testimony be most effectively used during discovery, settlement and trial?
Anthony D. Castelli
Law Offices of Anthony D. Castelli
Mr. Castelli has handled thousands of cases ranging from the auto accident "whiplash" injury to... | Read More
Mr. Castelli has handled thousands of cases ranging from the auto accident "whiplash" injury to auto accident and product liability wrongful death claims. He has presented at many CLE programs in the areas of evidence in trial practice and trial of personal injury cases. He authored two books on personal injury issues and was a contributor with 14 other lawyers to the best seller, Wolf in Sheep’s Clothing – What Your Insurance Company Doesn’t Want You To Know And Won’t Tell You Until It’s Too Late. He, along with Mathew Dolman and Michael Ehline, are founding members of a lawyers’ group known as the Circle of Legal Trust.Close
Michael E. Holden, Esq.
Romanucci & Blandin
Mr. Holden is a trial attorney with experience in the litigation of personal injury cases, including medical... | Read More
Mr. Holden is a trial attorney with experience in the litigation of personal injury cases, including medical malpractice, products liability, nursing home negligence, premises liability, construction injury, and auto accident cases. He represents individuals and their families who have suffered life changing physical and emotional injuries due to the wrongful actions of the healthcare system, government agencies, individuals and companies.Close
Bruce E. Newman, Esq.
Brown Paindiris & Scott
Mr. Newman concentrates his practice in the areas of personal injury, wrongful death, medical malpractice, product... | Read More
Mr. Newman concentrates his practice in the areas of personal injury, wrongful death, medical malpractice, product liability, and worker's compensation. He also represents plaintiffs in class action litigation. He is a Lifetime Member of the Million Dollar Advocates Forum, composed of lawyers who have achieved million dollar verdicts and settlements in personal injury and wrongful death cases. In addition to Connecticut, he has successfully tried cases in New York and California.Close