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July 06, 2009
Discovery: A deposition should get the "badness" out there.
There is a reason why it is called discovery. This is the time to invite the other side's witnesses to tell you everything they possibly can about why your side should lose. Revel in these "bad" answers - don't cringe. Draw them out and blossom them as fully as the witness is willing to go. Make sure that you carefully dissect every part or premise of a "bad" answer.
From a 2008 Stewart Weltman gem: "The Two Most Important Questions to Ask During A Discovery Deposition-Part I".
Drawing a bead: Badness needs to get out in the open.
(Photo: TriStar Pictures)
Posted by Rob Bodine at July 6, 2009 11:59 PM