Advice for lawyers on how to take and defend depositions.

Written by the best-selling author of Winning at Trial, this book shows beginning and experienced attorneys how to win at deposition every time. With the first chapter explaining all the ins and outs of taking and defending a deposition, the remainder of the book reveals strategies that will help every lawyer vastly improve his deposition skills. Discover why much of the conventional wisdom about depositions is completely wrong, learn how to beat an expert witness every time, get innovative advice on witness preparation, and master the secrets that guarantee success with argumentative lawyers and lying witnesses. Unlike any other book, this one teaches from transcripts and videos of actual depositions.

This practical handbook explains when, why and how to use particular strategies, tactics, organizational approaches, methods, and techniques in taking and defending depositions. Packed with 'trade secrets' that one-up the opposition, Deposition Practice Handbook shows you: How to pin down and 'freeze' witnesses' testimony with an early deposition so they can't change their story later How to make a deposition a lot more effective by getting an interrogatory answered first Twelve proven ways to discredit a witness How not to open Pandora's box when questioning a third-party witness How to avoid the trap of allowing your opponent to set the deposition times And, most important of all: How to turn talk into evidence that's admissible in court What's more, Martiniak provides checklists, outlines, reminders, and dozens of practice tips.

In an era when most cases settle before trial, taking depositions is a crucial skill that every attorney must master. The Effective Deposition will prepare you to successfully take, defend, and use the deposition to its greatest advantage. Advocates and law students have long relied on The Effective Deposition to get essential know-how for the most critical step in discovery. Now in its sixth edition, The Effective Deposition is completely rewritten to reflect the latest deposition strategies, technological advances, changes in the laws of evidence and procedure, and the evolving nature of deposition-taking itself. This updated classic is a must for students and practitioners alike. New to the Sixth Edition: Remote depositions: advantages and disadvantages; a protocol for using them; tips for preparing, taking, and defending them; and the emerging law Options for integrating the latest technology before and during the deposition Latest legal trends and updates to the Federal Rules of Civil Procedure and Federal Rules of Evidence End-of-chapter checklists summarizing the essential techniques and strategies of the chapter New chapter on dealing with common witness behaviors (forgetful, know-nothing, evasive, vague, lying, or combative witnesses) New chapter on preliminary matters to cover with the witness Streamlined approach and options for using the Funnel Method to obtain information from the witness Updated examples of deposition questions that implement the techniques and skills Succinct discussion of ethics and privilege in witness preparation Professors and students will benefit from: Step-by-step coverage of the deposition process, including case analysis, substantive preparation and logistics, taking and defending the deposition, and using the deposition testimony in motions or at trial Coverage of deposition basics for those who have taken few if any depositions, as well as advanced techniques and strategy options Examples of questions that illustrate the skills and techniques of each chapter Checklists that summarize the key points of the chapters dealing with skills and strategy Access to videos demonstrating the most critical techniques and skills The Funnel Method and other techniques for obtaining information in a deposition The “one-concept, three rules” approach to witness preparation Latest laws and practices for post-pandemic depositions Real-world application of the legal rules in using exhibits, evidentiary foundations, objections and instructions, and dealing with opposing counsel Extended coverage of Rule 30(b)(6), expert witnesses, and video and remote depositions

Effective Depositions is a comprehensive, practical guide through every stage of the deposition process. It concisely covers the law of depositions and related discovery issues and gives you a clear, thorough understanding of the process and its practical challenges and pitfalls so that you can make the best use of the opportunities the process offers. It contains numerous case studies and clearly-explained examples, in addition to models, sample forms and checklists.