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October 28, 2010

Discovery: 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. Just know what you're doing--and why.

conference-table.jpg

Above: In some U.S. firms, squads of generic dweebs who learned "how to think" for three years in law school are deployed to help plan depositions in the business disputes of important clients.

Posted by JD Hull at October 28, 2010 11:54 PM

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