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July 21, 2010
More on 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.
Schaeffer is right to remind us: the starting point for lawyers who notice depositions is a direct exam--and therefore no leading questions. However, he notes--and it's our point here--that most witnesses in depositions, especially for discovery, are adverse, or "hostile". So lead them. Use shorter, more "loaded" questions. And then savor the brutality, if you must.
Know what you're doing, and why.
Modern firms generally assemble a team of generic law dweebs before botching a Rule 30(b)(6) deposition.
Posted by JD Hull at July 21, 2010 11:59 PM