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December 14, 2008

Depositions: Leading questions under Fed. R. Civ. P. 30.

Trial lawyer-writer Evan Schaeffer is always worth reading. See Rule 30 and then read "When Are Leading Questions Permitted During Federal Court Depositions?" at his Trial Practice Tips Weblog. Schaeffer is right to remind us: the starting point for lawyers who notice depositions is a direct exam (therefore no leading questions). He notes, and we emphasize: most witnesses in depositions, especially for discovery, are adverse, or "hostile". So lead them. Use shorter, more "loaded" questions. Just know what you're doing, and why.

Posted by JD Hull at December 14, 2008 11:15 PM


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