JurisDictionary- Finding Evidence - Part 4

Tips & Tactics
January 05, 2012 

© 1997-2012 by Jurisdictionary ® ... All Rights Reserved


Finding Evidence - Part 4

( From the Official "How to Win in Court" Course )
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Depositions

Today I give you a few tips how to use Depositions from the complete tutorials in my increasingly popular and affordable, official 24-hour, step-by-step Jurisdictionary "How to Win in Court" self-help course. Sample forms are included in the course.

Another imposing word "depositions", however it means nothing more than to strip someone of their official immunity (if they have any), place them under a solemn oath that exposes them to criminal penalties for perjury, and ask them questions in the presence of an official recording stenographer so there may be an official written transcript of what the witness has to say before you run the risk of expecting them to say a certain something at trial!

Depositions are your opportunity to put your opponent and every necessary witness under oath before trial and get answers to questions that go beyond the tight restrictions of the rules of evidence that control at trial!

The facts you seek to get by asking questions at a deposition need not be admissible at trial so long as they are "reasonably calculated to lead to the discovery of admissible evidence".

Most often you'll schedule some time at a court reporter's office. If you are pro se you may be expected to pay for the court reporter's time in advance, since you cannot be disbarred for failure to pay your financial obligations.

If a witness is unable to attend, the court reporter may travel to take the deposition at a hospital, for example, or at the witness's home or business. If the witness is at a great distance, you may hire an official court reporter where the witness lives and take the deposition by telephone.

I had some difficult witnesses a while back for whom it was necessary to take their deposition in front of a judge with a handful of armed bailiffs in the courtroom to keep everyone under control, but that's rare!

However it's done, taking depositions is simply one of putting a witness under oath in the presence of a court reporter (who administers the oath and records all that's asked and answered) and in the presence of your opponent (and his counsel, if he has a lawyer) who may also ask questions of the witness.

A witness at a depostion is called the "deponent".

Everything said at a deposition goes in "the record".

If your opponent or his lawyer gets out of control, simply state, "Let the record reflect that opposing counsel is screaming at my witness." That will put a stop to the games!

If you subpoena a witness or notice your opponent for "deposition duces tecum", you can require the witness or your opponent to bring certain documents or things listed in the subpoena or notice. The complicated term "duces tecum" simply means "bring it with you". Sample forms in the course.

Then question them about the listed documents and things.

Knowing how and when to take depositions gives you an advantage over your opponent.
Many lawyers take depositions too early! They go on a "fishing expedition" in search of evidence, wasting valuable time asking questions about irrelevant facts that cannot possibly help prove the "elements" of their case or disprove the "elements" of their opponent's case. Of course, they make more money wasting everyone's time. You cannot afford to waste time or money! I tell you in the course how to put a stop to this.

Depositions can be the most effective tool to devastate your opponent and win in court with critical evidence you cannot get any other way before trial, but if you don't yet understand how to use depositions effectively, they hurt your chances for winning, instead of helping you.

Never take depositions until you've made a list of all the essential "ultimate fact elements" supporting each and every "cause of action" alleged in the pleadings. (Explained in the course.)

Remember: Lawyers get paid for their time. The more time they can spend on a case, the more money they make. Using hours of billable time taking depositions is a good thing for lawyers. It is not a good thing for you!

Depositions should be a "go in, ask questions to get only the facts that prove or disprove the elements, and quit".

Learn how to put the pieces together and win your lawsuit!

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