 Your Deposition Power ...
Know When, Why, What, and How ...
( From "How to Win in Court" Course )
Slay your opponent with depositions!
But!
Like other tools in your "Lawyer's Little Red Toolbox", depositions are best used:
- At the right time,
- For the right reason,
- In the right way!
A deposition is not a friendly coffee-klatch!
It's not a "social event".
Beware of sneaky lawyers, who'll try to turn the serious fact-finding business of deposition into a friendly "conversation".
Do not allow it.
When you see it coming, stop it immediately!
Depositions are designed so you can go after facts, any facts, that
might lead to the discovery of "admissible evidence". The rules are
fairly loose. You can ask questions and get answers that you could not get later at trial, where the rules of evidence are more strictly enforced.
But, some lawyers try to lull deposition witnesses into a false sense
of security by being "friendly", asking questions about Aunt Suzy's
recipe for butterscotch cookies or where Uncle Bill spent his vacation
last year. This is done not to get at relevant facts but to
trick the witness into "chatting", getting you and the witness off-guard
so improper questions can be "popped" while you day-dream about how
many quarters you put in the parking meter outside.
"I understand you're quite a golfer, Mr. Witness."
Red flag!
The lawyer is setting things up to go beyond the scope of allowable
questioning. The next thing you know, the witness will complain about
the exorbitant country club dues he pays. Or, he may brag about his
success on the links in Las Vegas last summer. Answers that may give
your opponent power to defeat you!
Don't be duped.
Your opponent's lawyer doesn't care a thing about the witness' golfing.
He's on a fishing expedition.
He's after something else.
Here's the rule that constrains depositions to facts (explained fully in the official Jurisdictionary course):
 The
scope of discovery (requests for admissions, requests for production,
interrogatories, depositions, and subpoenas) is limited by the rules to
finding facts that are "reasonably calculated to lead to discovery of admissible evidence"!
A golfer's handicap has nothing to do with his mortgage or child support or where he was last summer!
"Objection! Goes beyond the scope of discovery!"
If the other side continues to abuse the rule, you have the
right to terminate the deposition and file a motion with the court for
an order directing the lawyer to keep within the rule.
On one occasion in my 25 years as a case-winning attorney,
the lawyer on the other side was so devious and his insurance company
client so evasive, I forced the judge to appoint a special master to
sit in on the depositions and rule on my objections then-and-there. I
got the evidence I wanted out of that evasive executive, and the
insurance company settled with my client the day before trial!
In another case the opposing lawyer was so ridiculous, I
required the judge to order the lawyer to bring his client to the
courtroom and answer questions under oath in front of the judge. That
was the end of his sneaky tricks.
There's much more you need to know to successfully use depositions in your case. It's all in the course.
If you don't already have the official Jurisdictionary course, now's the time to ORDER and start learning before you end up kicking yourself!
You will learn:
- When (waiting until you know more about the case),
- Why (getting witnesses under oath before trial),
- What (knowing which facts you need to get)
- How (handling the deposition with tact and tactics)
Know how to use the rules!
Far too many good people lose in court because they don't
know how to control the lawyer on the other side or the black-robed
judge on the bench. They may have the "law on their side", but they will
lose if they don't know how to control a deposition (for example) or
when to proceed to deposition or how to draft a proper motion or why
it's important to make courtroom objections, etc.
Is winning your case worth $249?
My law school education cost me tens of thousands and three years of diligent study.
The practical experience I gained defeating crooked lawyers and controlling corrupt judges for 25-years is priceless!
My education and experience can be yours!
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