Page 85 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Terminating Deposition
It’s rare, but sometimes an attorney’s behavior is so over the top, that one must terminate the deposition. But where is the line and how do you lay a record to justify terminating a deposition? This exercise addresses these issues.
EXPLANATION
Participants learn when and how to terminate a deposition.
EXERCISE
Think of a time you terminated a deposition. If you never have terminated a deposition, ask others at your firm for examples. Discuss these with the participants. Have them research when it is appropriate to do so. There may be cases, rules, standards or examples that will shed light on this.
LESSONS LEARNED
It’s rare to terminate a deposition. You’ll have to justify it to the court and may face sanctions if you were wrong for doing so. Having a discussion about when and when not to do it is helpful in case the issue ever arises during a deposition.
A FEW QUESTIONS TO DISCUSS
What behavior calls for termination?
What behavior is on the cusp of termination?
What should you do if you’re not sure to terminate a deposition? Howdoyoulaythefoundationtoshowyouwerecorrectforterminatinga deposition?
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SECTION 06 DEFENDING DEPOSITIONS