NCJ Number
172083
Journal
Trial Volume: 33 Issue: 9 Dated: (September 1997) Pages: 42-47
Date Published
1997
Length
6 pages
Annotation
This article reviews court attempts to combat abuses of the deposition process.
Abstract
In theory, a successful deposition means uninterruptedly unearthing great facts, gathering admissions, and soliciting helpful testimony while proving the weaknesses in the other side's case and preserving and laying the foundation for impeachment testimony. Abuses of the procedure include invective, overzealous advocacy, and witness coaching through ad hominem remarks, speaking objections, and unnecessary recesses. Court suggestions to prevent or deal with improper deposition tactics include: (1) videotaping the deposition; (2) including in a stenographically recorded deposition a record of obviously suggestive gestures; (3) marking or certifying the transcript; and (4) cross-examining the witness as to whether he or she was coached by counsel during any recesses in the deposition. The article includes suggestions on how good counsel should prepare a witness before deposition and emphasizes counsel's responsibility to understand the rules of deposition, be alert to possible violations, and preserve a record for the court's later review. Notes