"Litigation 101: Depositions" was presented by Kate Connor Ferguson on September 16, 2014, for the Columbus Bar Association. In this presentation, Kate provided an overview of how knowing the foundation of a deposition can make an effective litigator.

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Litigation 101:
Depositions
presented by Kate Connor Ferguson
Litigation 101
September 16, 2014

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Before The Deposition
+Know Your Case
+Know the Rules
+Know the Purpose

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Know Your Case
+What is the Relevant Law?
+What are the Key Facts?
+ Paper Discovery, Witness Interviews
+ Review Documents Thoroughly

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Know the Rules
+Federal Court
+ When – No Discovery Permitted Until After CMC
+ Number – Each Side is Limited to 10 Depositions (FRCP 30)
+ Duration – Each Deposition is Limited to 7 hours
+State Court
+ No such limitations (BUT, check local rules to verify)

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Know the Purpose
+Pin Witness Down to Relevant Facts.
+Set Foundation for Summary Judgment.
+Preclude Summary Judgment.
+Neutralize a Witness.
+Enhance Opportunities for Settlement.

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Create an Outline
+Write out specific questions
+ Go back to Deposition’s Purpose
+ Ex: Leading questions essential in summary judgment context.
+ Ex: Open-ended questions are more useful to determine all
known facts.
+ Incorporate documents and answers to written discovery

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During the Deposition
+Listen to the Witness’s Answers
+ Has the Deponent Answered the Question?
+Depart from Outline to Follow-up and Explore
Unexpected Lines of Questioning
+Be Cordial, to the Witness and Opposing Counsel

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Questions?
Kate Ferguson
Kegler Brown Hill + Ritter
kferguson@keglerbrown.com
keglerbrown.com/ferguson
614-462-5454