Approaching the question in different ways will demonstrate to the witness that you are not going away so easily. Retrieved from ” https: Here are the keys I realized. In extreme circumstances where the relationship between the lawyers, parties, or witnesses has totally broken down, the court may require the use of a discovery referee who will have authority to sit in on depositions and rule immediately on objections as they are presented, or may order that all further depositions take place in court in the presence of a judge. If the form objection is made, the opposite party still has the right to re-phrase the same question and ask it again.

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Typically, where a specific question is asked by the plaintiff’s lawyer, a defendant doctor or his medical expert will give either a short answer which is not responsive to the question, or will engage in a long response which, again, does not contain a full answer to the question.

A deposition is a pretty unnatural situation for defendanh witness. Establish the plaintiff’s cause of action as much as possible with the defendant’s answers. Instead, you should control the scope of your answer.

Deposition is the preferred term in U. Examples of inconclusive or evasive answers are:.

But for a doctor who would much rather be back at work helping people instead of being grilled by a lawyer, it can be particularly galling.


The rationale is that generally, a witness must give consistent testimony on all material issues of fact both at deposition and at trial unless there is a very good reason for changing one’s answersor else the inconsistencies can and will be used to impeach his credibility. Instead, you should use your own style.

Your adversary may be hoping that you do. Depending upon the amount in controversy and the ability of the witness to appear at trial, audio ddefendant video recordings of the deposition are sometimes taken as well. A paralegal should not prepare a witness for deposition, as that is the duty and responsibility of the lawyer.

It becomes the rudder to your discovery ship that enables you to deliver a winning cargo of evidence at trial. Could this also be my fate forever — doomed to mediocrity?

Turn in a Powerful Deposition, Doctor Defendant

That aside, leading questions are great for getting commitments but they do not serve the other purpose — getting discovery. You have reviewed the applicable law, substantive defendaant procedural, you have reviewed the applicable science or discipline involved in the case. Then you can speak. Retrieved 12 December For that reason, the best strategies of the deposing attorney are strategies of control. Province of British Columbia.

Seven Cardinal Sins Experienced Lawyers Make in Deposing the Opposing Party

Part 1 — Interpretation: You can pick and choose the areas of cross examination from the deposition transcript and you will always be armed with the knowledge of the answer previously given. Since nods and gestures cannot be recorded, the witness is instructed to answer all deposng aloud. Do not get greedy.


The deposition of the defendant physician is the crucial turning point of your medical negligence case.

In your practice, that ability to multitask helps you survive, but in deposition, it can spell doom. Do Not be Married to your Plan.

Deposing the Defendant Physician | Miami Personal Injury Attorney

Form books are a helpful beginning. Do not hesitate to move to strike if the answer is not responsive.

The process provides a “level playing field” of information among the litigants and avoids surprises at trial traditionally regarded as an unfair tactic.

A missing consultant’s report, a sheet of nurse’s notes, or a page of doctor’s orders may be crucial. Federal Rules of Civil Procedure Doctrines of civil procedure. Frequently the most desired witness the deponent is an opposite party to the action.

Do you want to depose the defendant’s experts? However, it is rare that this will happen with much success.

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