August 12, 2011
Depositions under the American Federal Rules: There's a Reason they call it Discovery, Jack.
Savor the Brutality. Bleed. Make Friends with the Pain. Learn not to cringe. At depositions, remember to "get The Badness in your case out in the open". Hostile witnesses. Non-hostile witnesses. See 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.
Drawing a bead: Badness needs to get out in the open.
Posted by Holden Oliver (Kitzbühel Desk) at August 12, 2011 11:59 PM