What do we want to accomplish with this witness? I highlight reports using a color code depending on the type of report being analyzed. Be long on preparation but follow the KIS approach in drafting your questions — keep it simple. Also place with it your outline and analysis with comments. Planning, Preparation and Purpose. In our experience, jurors have a natural inclination to support the doctor. The process provides a “level playing field” of information among the litigants and avoids surprises at trial traditionally regarded as an unfair tactic.

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By actually doing so at depositions, then at trial you will be properly armed and therefore able to actually adhere to the rule never ask a question to which you do not know the answer xefendant.

Tactics for deposing the defendant doctor. Deposing decendant Defendant Physician By: In a recent case a leading expert that I had retained strongly disagreed on certain fine points raised in the defense expert report and wanted me to engage in a star wars deposition.

You can pick and choose the areas of cross examination from the deposition transcript and you will always be armed with the knowledge of the answer previously given. Location of defendant doctor’s deposition: Speaking objections must be dealt with swiftly as must coaching the witness.

Lauderdale Accident Lawyer Lawyer Leesfield. If your adversary is the quintessential pit bull, you already have the name and telephone number of the judge who is deposin deposition applications. Do not save a surprise for trial unless you are sure it will be a surprise and you will get the answer that you need. And should you get the response that you te looking for, the judge at trial may take it all away from you anyway. Where it is unclear, ask for clarity.


You do not have to be loud or try to intimidate. The deposition of the defendant physician is the crucial turning point of your medical negligence case.

Thereafter, the court reporter makes a verbatim digital or stenographic record of all that is said during the deposition, in the same manner that witness testimony is recorded in court. Deposition of the opposite party is often used to produce self-incriminating statements from the deponent, also document identification questions can make exhibits admissible for hearings and summary judgment motions.

Turn in a Powerful Deposition, Doctor Defendant | Persuasive Litigator

Legal procedure Evidence law Discovery law Notary. Make sure that it is properly identified and authenticated by the court reporter.

What has the witness previously said or wrote in the past that is relevant to our case? Approaching the question in different ways will demonstrate to the witness that you are not going away so easily.

I realized that learning the litigation process kind of works in reverse. If you ask proper and simple questions, the obstructionist behavior will be so groundless that the opponent will withdraw when challenged. Most jurisdictions provide that depositions may be taken to perpetuate the testimony of a witness, that is, preserve their testimony for trial.


The defendant’s library is inventoried and a list of all defendajt, text and medical authoritative sources should be obtained for cross-examination, impeachment and contradiction.

You ask a question and out comes an obvious prepared speech skirting past your question. Instead, you should control the scope of your answer. Examples of inconclusive or evasive answers are:. This can be done by direct attack; i.

Turn in a Powerful Deposition, Doctor Defendant

A defendant in a criminal case dedendant not be deposed without his consent because of the Fifth Amendment right to not give testimony against depoosing. In your practice, that ability to multitask helps you survive, but in deposition, it can spell doom. All too many times great answers are just left without follow up. Often affidavits are exchanged before trial, but the first opportunity to orally question the opposing party’s evidence is usually at trial.

Even without expert testimony, the plaintiff’s case should be made with the defendant’s deposition. Retrieved 27 December His demeanor may mean even more to your case than the answers you were hoping for.