« UK wakes up to hung Parliament. | Main | Just travel. »

May 07, 2010

Depositions: Use them to get "the Badness" out there.

R0001039.jpg
His Badness: Our chief writer, a boomer's boomer, working with Montagnard troops, Cambodia, 1968.

"Get The Badness in your case out in the open." Hostile witnesses. Non-hostile witnesses. The above quote is from a 2008 article by Chicago trial lawyer Stewart Weltman that we love and apparently cannot live without: "The Two Most Important Questions to Ask During A Discovery Deposition-Part I". Excerpt:

There is a reason why it is called discovery. 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. Make sure that you carefully dissect every part or premise of a "bad" answer.


(Photo: Paramount Pictures)

Posted by Holden Oliver (Kitzbühel Desk) at May 7, 2010 11:59 PM

Comments

Absolutely. The point of discovery is to find out everything you can. And you want to make sure you don't get surprised by "bad" answers at trial you hadn't asked for or otherwise foreclosed.

Never forget to ask: is there any other reason you can recall that . . . . ? Until the answer is "no," that line of questioning isn't complete.

Posted by: Peter Friedman at May 18, 2010 10:39 AM

Post a comment




Remember Me?