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ARTICLE · 10 MARCH 2013

Control At A Deposition

Having just assisted in training associates to take and defend depositions, I thought it apropos to note the critical nature of "control" in the deposition process.

United StatesLitigation, Mediation & Arbitration

Having just assisted in training associates to take and defend depositions, I thought it apropos to note the critical nature of "control" in the deposition process.  If you are taking a deposition, you must be confident and establish at the outset that you are in control of the process.  Otherwise, you risk a runaway witness who may avoid answering your questions, or add self-serving commentary during the deposition which is non-responsive to your questions.  There is a polite but firm way to shut down such extraneous information.  Likewise, you must establish your control with the lawyer defending the deposition.  By that I mean, do not allow any objections to throw you off your game or make you revise your questions, unless you deem it necessary. 

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