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December 16, 2010
Depositions: Coaching. Rule 30. And Badness.
An objection must be stated concisely in a nonargumentative and nonsuggestive manner.
--from Rule 30(c)(2), Fed. R. Civ. P.
Defending lawyers who "testify" during discovery are bad. And let he or she without sin cast the first stapler. In defending in a deposition, giving speeches and coaching your witness on the record is "bad" because it may be suggestive of the answer the witness should give. At Evan Shaeffer's The Trial Practice Tips Weblog, see "Depositions: How to Stop Coaching". We could go on and on and on about this--but you can just read it.
(from several past JDH and HO posts)
Posted by Holden Oliver (Kitzbühel Desk) at December 16, 2010 11:45 PM