Exam 13: Preparing Client for Deposition

A deponent client should be permitted in deposition to make a reasonable estimate in forming an answer if he or she has a good basis for making that estimate.

What problem might arise for a party who testifies that he or she does not know the answer to a particular question?

DEFINE -negative evidence

How should a deponent be advised to respond to an interrogator who questions the deponent as to whether it is possible that the deponent's estimate concerning a speed or distance might be a little more or less than stated by the client?

What immediate, principal risk does a party run if, in a deposition, the client is permitted to use materials in the file, such as a privileged statement that you prepared, to refresh the client's recollection?

Whenever a question is asked, the deponent may ask to have the question made more clear or specific, even if his or her lawyer doesn't object.

Why should you not prepare a client and an independent witness together?

How many times may one party take the deposition of another party?

May a paralegal conduct a mock cross-examination of the client in prepara- tion for a discovery deposition? Why?

What should the client be prepared to do in a deposition, if he or she cannot remember a certain fact at the time of the deposition, but believes the fact or information can be obtained?

The facts used in hypothetical questions must be supplied by the deponent.