This handy softcover guide provides the grounds and language for: attorney-client privilege, attorney work-product privilege, proprietary and confidential information, witness self-incrimination, family communications privileges, privileges for communications with professionals, privacy privilege, legal process privilege, over-broad and burdensome questions, vagueness, ambiguity, repetition, lack of foundation, legal conclusions, and more.
- Verbal and non-verbal coaching of the witness
- Colloquies and stipulations among counsel
- Instructing the witness not to answer
- Disruptive or inappropriate objections
- Production of privileged or confidential documents
Perhaps because depositions are as close to a trial as many cases will get, deposition disputes have grown more heated and difficult to resolve.
Here is a portable and affordable volume that provides practical guidance for resolving many of the more contentious disputes. Joseph A. Ranney’s Deposition Objections offers help with these issues and objections:
- 13 examples of when it is and when it is not appropriate to ask the court for a supervisory ruling
- When to instead adjourn and move for a protective order
- How to lay the groundwork for a supervisory ruling
- When is it okay to instruct a witness not to answer?
- Techniques for stopping bad attorney behavior at depositions
- Checklist of steps to take before adjourning a deposition
- When are you on safe ground when making a speaking objection?
- Guidelines for responding to a speaking objection
- Sample language for putting stipulations on the record
Grounds for objecting
- The limits of the attorney-client privilege, with checklist of when it does and does not apply: Form 4-1
- What are the limits of work-product immunity?
- How to resolve work-product disputes during a deposition
- Issues in formulating protective orders and common solutions
- Quick-reference chart showing the confines of professional privilege: Form 9-1
- What is the scope of the privacy privilege?
- Making the balancing calculation in legal process privilege objections, with examples. Summary checklist: Form 11-1
- The 5 situations when a relevance objection is proper
- Methods for resolving relevance disputes
- Handling attorneys and witnesses who play the dictionary game
- How many times should you allow a question to be asked?
- Preparing witnesses for loaded questions
- Should you instruct the witness not to answer a legal theory disclosure question?
- Are evidence identification questions allowed? What to consider when making the judgment call
- The line between permissible and impermissible position disclosure questions
REVISION 3 HIGHLIGHTS
This edition adds new text, tips, and more than 100 cases to help you protect your witness and your case. Revisions and additions include:
Chapter 1 OBJECTING TO DEPOSITION NOTICES AND SUBPOENAS
- New Federal Rule that all discovery must be “proportional to the needs of the case”
Chapter 8 FAMILY COMMUNICATIONS PRIVILEGES
What Marital Interactions Are “Spousal Communications”? (§8:11):
- Exception to privilege can extend to cases of abuse of any child in the home
Do the Privileges Apply to Same-Sex Marriages and Cohabitation? (§8:24):
- Extension of privileges based on legalization of same-sex marriage in Obergefell v. Hodges (2015) and whether the privileges apply to pre-Obergefell communications
Chapter 10 PRIVACY PRIVILEGE
Privacy in the Age of Social Media (§10:04)
- Discoverability of social-network system information (such as Facebook, Twitter, Linked In)
- The showing that a party must make in order to obtain information access to which is restricted by system user
Chapter 14 LEGAL CONCLUSIONS
Preparing Organization Representatives (§14:52):
- What to do when the opposing party says that a representative’s answers are inadequate and demands a supplemental deposition
- Whether contention questions are allowable in depositions of organization representatives whose answers will bind the organization
Chapter 20 OBJECTIONS AT EXPERT WITNESS DEPOSITIONS
Attorney Communications With Expert Witnesses: Privacy in the Age of Social Media (§20:03)
- Practical effect of 2010 amendments to Federal Rules of Civil Procedure, which protect many attorney-expert communications from disclosure
Objection: Opinion Testimony Standards and Applicable Legal Standards (§20:11)
- Practical effect of 2010 Federal Rules amendments on discoverability of bases of opinion testimony
Draft Materials and Draft Reports Generated by the Expert (§20:13)
- Practical effect of 2010 Federal Rules amendments on discoverability of materials prepared by expert