![]() ![]() ![]() You will be amazed at how often you will have an article on the specific issue that confronts you.ĭon’t limit your resources to articles. Then, when the critical deposition is on the horizon, you can pull out the notebook or scroll through the articles and review the collected wisdom of others on how to take or defend the deposition. Bookmark online articles and save them in a special deposition prep folder. Buy a three-ring notebook and, as you come across these articles, rip them out and throw them into your deposition skills notebook. If you throw the magazine or journal into your big stack in the corner of your office, you will never remember the article later when you need it, and if, by chance, you do remember the article, you will never find it in the stack. Throughout your career, you will come across articles on how to defend depositions. One of the easiest ways to prepare to defend depositions is to find out how other people do it. The rip ’n read concept should not be limited to those two items. Of course, you can also follow the spirit of rip ’n read by accessing the pertinent rules online. It is amazing how many times problems arise during a deposition that are covered by either the Michigan Rules of Evidence or MCR 2.301 et seq. Then, when you are sitting in the back of a courtroom on motion day waiting for your case to be called, look over the rules that apply to taking depositions. If, like me, you get a new copy of the Michigan Court Rules and Rules of Evidence every year, take last year’s copy, rip out the two portions that are of use to you regarding depositions, throw the rest away, and throw the good stuff in your briefcase. Yet the portions that have any impact on taking and defending depositions are limited to the Michigan Rules of Evidence and the court rules subchapter on discovery. Long-term, career-oriented preparation starts with the library (or relevant online resources) and a process that I refer to as “rip ’n read.” The current Michigan Court Rules and Rules of Evidence (ICLE, updated annually) volume is lengthy. Preparation involves both long-term and short-term considerations. However, if one is serious about litigation as a career, showing up at depositions and simply reacting to what takes place will not get the job done. Most lawyers can survive some depositions by simply reacting. The key to successfully defending depositions can be summarized in the following four words: preparation, anticipation, reaction, and record. ![]()
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