February 13, 2020


Nail down the defendant at the deposition when he does not have opportunity to think and prepare. Since the doctor is accustomed to using that language, he is more inclined to adopt it and the answer is more likely to be the desired one. Stick to the game plan. Being organized and well-structured demonstrates you as a leader. What is the purpose of this deposition? Thereafter, the court reporter makes a verbatim digital or stenographic record of all that is said during the deposition, in the same manner that witness testimony is recorded in court.

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Proper and adequate discovery requires tremendous work, effort and preparation. Information you have regarding his background should be used as a guide to keep him under control.

Turn in a Powerful Deposition, Doctor Defendant

The court reporter and all parties in the case are usually provided a copy of the documents during the deposition for review. In most jurisdictions, de;osing two types of objections are allowed: However, in unusual situations depositions are sometimes taken during or even after trial. What is the purpose of this deposition? All too many times great answers are just left without follow up.

The deponent, court reporterand all parties receive digital official exhibits or courtesy copies. And should you get the response that you were looking for, the judge at trial may take it all away from you anyway. You have reviewed the applicable law, substantive and procedural, you have reviewed the applicable science or discipline involved in the case.


Objections to form are frequently used to signal the witness to be careful in answering the question. Your deposition questions have relevance only in how they tend to lead to the revelation of facts that establish or negate the claims made in the complaint or those set out in the responding pleadings. This page was last edited on 15 Reposingat You are entitled to an answer to your question.

Turn in a Powerful Deposition, Doctor Defendant | Persuasive Litigator

His answers may reveal his lack of credibility or a weakness in his own position that he wants removed from the question.

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.

Rule — Interpretation”. This is not a private battle you are bringing on behalf of your expert against their expert or key witnesses. What is the basis of the plan. You have adequately evaluated the physical and documentary evidence to the extent possible, presuit.

All background information on defendant from the DPR – medical schools -licensing bureaus – ECFMG and all other governmental and quasi-governmental organizations should be obtained. Depending on your strategy, you may or may not wish a stipulation as to waiver of the right to review and sign a deposition.

Use doctor talk rather than lay terms in your questioning. Building a deposition notebook becomes the basis for the building of your trial notebooks. Jurisdictions such as Australia and England and Wales do not have comparable oral examinations at the discovery stage.


Once you have made your record, do not hesitate to call. Once assured that the records are complete, have the court reporter mark the pages of hte original by a stamp and consecutive numbers to insure against loss between time of deposition and mediation. Listen to the Answers. There is no such thing as “over preparation” for this deposition.

Nail down the defendant defehdant the deposition when he does not have opportunity to think and prepare.

So in that sense — Good Luck. From the deposition, you will develop a list of further witnesses to be deposed and documents to be produced. You may even want to probe his education, training and experience degendant he persists in acting like he does not understand.

Deposition (law) – Wikipedia

Consider videotaping the defendant doctor at his deposition. As often as possible, answer questions briefly, but in a complete sentence. A list of all complaints filed against the defendant physician for all defendabt as well as lawsuits should be obtained.