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August 07, 2011
Sensitive Litigation Moment No. 74: Depositions, Rule 30, Coaching--and Just Misbehaving.
An objection must be stated concisely in a nonargumentative and nonsuggestive manner.
--from Rule 30(c)(2), Fed. R. Civ. P.
Lawyers who "testify" during discovery are being bad. But he/she without sin should 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. Now where's that whistle?
(from several past JDH and HO posts)
Posted by Holden Oliver (Kitzbühel Desk) at August 7, 2011 11:45 PM