Spousal Depositions in Personal Injury Cases: Privileges, Dual Representation, Consortium Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review how to take or defend one of the most important depositions in a personal injury lawsuit: the plaintiff's spouse. The panel will discuss the unique issues concerning privilege, dual representation of plaintiff and spouse, effective cross-examination of a sympathetic witness, preventing the jury from viewing the spouse negatively, and claims of loss of consortium.
- Reasons to depose the spouse
- Special considerations for dealing with a potentially appealing witness
- Marital privileges
- Ethical considerations when representing both plaintiff and spouse
- Loss of consortium claims
The panel will review these and other crucial questions:
- What type of spousal testimony can be compelled?
- What topics are covered by the marital privileges, and who can assert them?
- How can the spouse sabotage the case?
- What is the scope of relevant questioning if "loss of consortium" is not asserted?
- How can defense counsel thoroughly cross-examine the spouse without alienating the jury?
Trial Attorney/Catastrophic Injury Division
Bailey & Oliver Law Firm
Mr. Hamby's primary roles are depositions, scene inspections, witness interviews, & trial presentation.| Read More
Mr. Hamby's primary roles are depositions, scene inspections, witness interviews, & trial presentation.Close
Ms. Modak-Truran focuses her practice on representing pharmaceutical and medical device manufacturers in mass tort and... | Read More
Ms. Modak-Truran focuses her practice on representing pharmaceutical and medical device manufacturers in mass tort and individual cases pending across the country. For the past decade, she has been responsible for the national coordination of case specific discovery in mass tort actions involving pelvic mesh products. In this work, Ms. Modak-Truran has collaborated with over 150 lawyers from more than twenty-five law firms throughout the country. She has been described by her peers in the litigation as “a high performer who does excellent work that impresses and motivates others to be better.Close