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Publication Date: 2000
Publisher: Juris Publishing, Incorporated
Kessler, C. Elliot
A Unique Work. The Only Comprehensive A to Z Work on Depositions Published. Discusses every aspect of deposition practice & covers every commonly litigated area of the law, with each topic written by an expert in the field. Discovery, as is well known to any attorney, is a procedure permitted by the courts whereby either party may learn facts, opinions, or information concerning any matter relevant to the issues framed which could or may lead to admissible evidence. In the case of depositions, which may be employed simply as a fact-finding exercise, the usefulness is far more reaching. The deposition, which is a question & answer procedure whereby an attorney may ask questions of a party or witness who is under oath, is a devastatingly effective discovery too. Since depositions are so potent a discovery procedure, then they should be approached very, very seriously. The deposition has to be imaginative, flexible, creative & encompassing. Some practices & procedures are suitable in many cases or instances & general approaches can be outlined. That is the purpose of this work. The deposition is a trial snapshot of one witness & that witness' potential testimony. Although the rules of procedure are much more expansive in depositions as compared to trial, the same sort of caution should be exercised at deposition as at trial since a case can easily be won or lost in deposition. This entire work is designed so that attorneys can use it in connection with the conduct of deposition. Included are applications to a broad spectrum of various legal aspects. Chapters will cover aspects of deposition practice & procedure, including initial planning, preparation, taking, defending & use. The work presents some of the various options or alternatives available to practitioners regarding deposition practices & the considerations which should govern the decisions which must be made at various points of the discovery process. A review of the relevant legal standards are presented where deemed appropriate. The scope of this work ranges from complex strategies involved in antitrust litigation to simple issues related to automobile accidents. Some of the important areas treated are: . The art of taking depositions, from both the examining & defending counsel's point of view. . Complete discussion of federal & state deposition rules. . Forms essential for deposition motion practice. . Question & Answer sequences taken from actual cases . How to use depositions at a trial . How to object to questions asked . How to counter objections Sample chapter cover: . Antitrust . Environmental Law . Construction . Civil Rights . Computer Litigation . Consumer Actions . Contracts . Bankruptcy . Corporations . Employment Discrimination . Family Law . Franchises . Insurance . Labor Law . Libel & Slander . Malpractice--Legal . Medical MalpracticeKessler, C. Elliot is the author of 'Deposition Strategy, Law and Forms', published 2000 under ISBN 9780820512587 and ISBN 0820512583.