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January 25, 2013

Sensitive Litigation Moment: "An objection must be stated concisely in a nonargumentative and nonsuggestive manner."

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?

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Dang. Puttin' the hurt on my ears, here.

Posted by Holden Oliver (Kitzb├╝hel Desk) at January 25, 2013 01:59 AM

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