Taking & Defending Depositions: Strategies & Techniques – 3 Part Series

Deposition Preparation – Part I

Tuesday, July 16, 2024 | 4:00 pm – 6:00 pm

Conducting the Deposition – Part II

Tuesday, July 23, 2024 | 4:00 pm – 6:00 pm

Corporate & Expert Depositions – Part III

Tuesday, July 30, 2024 | 4:00 pm – 6:00 pm

• Description
• Faculty
• Part 1 Agenda
• Part 2 Agenda
• Part 3 Agenda
• CLE Credit
• Sponsors

• Depositions are one of the most crucial and challenging stages of litigation.  They permit a skilled examiner to fill in critical gaps in the documentary record, elicit vital judicial admissions that can shape the outcome of dispositive motions and trials, and provide keen insights into how witnesses will likely react to the crucible of cross-examination at trial and how such witnesses will be perceived by others, principally the jury or a judge in a bench trial.  In many cases, depositions will make or break a case.  Whether you are a junior associate taking your first deposition or a seasoned litigator, come join our panel of skilled and experienced and diverse litigators for a discussion of strategies and techniques for maximizing your effectiveness with depositions.

  Part I of this three-part series will focus on the strategies and techniques for preparing to take and defend depositions, including unique issues that arise in virtual depositions.

  Part II of this three-part series will focus on the strategies and techniques for taking and defending depositions, including unique issues that arise in virtual depositions.

  Part III of this three-part series will focus on the strategies and techniques for preparing for and conducting depositions of specialized witnesses, e.g., corporate, third-party and expert witnesses.

  Program Fee:
  One Day: $149 for Members | $249 for Nonmembers
  All Three Days: $399 for Members $599 for Nonmembers

• Part 1

  TBD

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  Part 2

  TBD

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  Part 3

  TBD

• 4:00 pm – 4:05 pm
  Introduction

  • Introduce Panelists and Identify the Perspectives of Attorneys Taking and Defending Depositions

  4:05 pm – 4:40 pm
  Preparation for Taking Depositions

  • Know Your Case
  • Deposition Goals
  • Identification and Review of Relevant Documents & Testimony
  • Creation and Usage of Deposition Outlines
  • Room Arrangements

  4:40 pm – 5:20 pm
  Preparation for Defending Depositions

  • Review of Deposition Notice/Subpoena
  • Know Your Case
  • Identification and Review of Documents and Prior Testimony
  • Witness Preparation
  • Highlighting of Privilege Issues

  5:20 pm – 5:55 pm
  Special Preparation for Virtual Depositions

  • Understand the Virtual Platform
  • Handling of Exhibits
  • Rules & Procedure Governing Virtual Depositions
  • Unique Witness Preparation

  5:55 pm – 6:00 pm
  Q&A Session

• 4:00 pm – 4:05 pm
  Introduction

  • Introduce Panelists and Identify the Perspectives of Attorneys Taking and Defending Depositions 

  4:05 pm – 4:40 pm
  Preliminary Matters

  • Room Arrangement
  • Pros & Cons of Videotaping
  • Who May Attend and Their Respective Roles
  • Court Reporter’s Statements
  • “Usual” Stipulations

  4:40 pm – 5:15 pm
  Questioning Witnesses

  • Opening Questions/Topics
  • Organization of Questions
  • Flow of Questions
  • Questioning Techniques
  • Objections
  • Obstructionist Counsel and Witnesses

  5:15 pm – 5:30 pm
  Post-Deposition Follow-Up

  • Review of Transcript
  • Demands for Additional Discovery and Testimony

  5:30 pm – 5:55 pm
  Special Considerations for Virtual Depositions

  • Rules & Procedure Governing Virtual Depositions
  • Introduction and Marking of Exhibits
  • Communications With Witnesses During Breaks

  5:55 pm – 6:00 pm
  Q&A Session

• 4:00 pm – 4:05 pm
  Introduction

  • Introduce Panelists and Identify the Perspectives of Attorneys Taking and Defending Depositions 

  4:05 pm – 4:40 pm
  Corporate Witnesses

  • Governing Rules
  • Identification of Appropriate Witnesses
  • Special Considerations for Preparing Corporate Witnesses to be Deposed
  • Special Considerations for Conducting Corporate Witness Depositions
  • Blurring the Line Between Corporate and Individual Depositions
  • Pros & Cons of Corporate Depositions

  4:40 pm – 5:15 pm
  Third-Party Witnesses

  • Special Considerations for Deposition Preparation
  • Special Considerations for Defending Third-Party Depositions
  • Objections

  5:15 pm – 5:30 pm
  Expert Witnesses

  • Research into Expert’s Credentials & Prior Testimony
  • Know the Expert’s Report Inside & Out
  • Understanding Industry/Expert Terminology
  • Special Considerations for Preparing Experts
  • Special Considerations for Deposing Experts
  • Special Considerations for Defending Experts
  • Pros & Cons of Having Your Own Expert Attend Various Depositions

  5:30 pm – 5:55 pm
  Special Consideration for Virtual Depositions

  5:55 pm – 6:00 pm
  Q&A Session

• Part I

  New York: 2.0 Skills
  New Jersey: 2.3 General
  California: 2.0 General
  Pennsylvania: 1.5 General
  Connecticut: Available to Licensed Attorneys

  Part II

  New York: 2.0 Skills
  New Jersey: 2.3 General
  California: 2.0 General
  Pennsylvania: 1.5 General
  Connecticut: Available to Licensed Attorneys

  Part III

  New York: 2.0 Skills
  New Jersey: 2.3 General
  California: 2.0 General
  Pennsylvania: 1.5 General
  Connecticut: Available to Licensed Attorneys

• Sponsoring Association Committee:
  Litigation, Seth D. Allen, Chair

  Sponsorship Opportunities are Available! Please Contact:
  Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org