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How to Effectively Use Depositions in Trial

Learn how best to conduct depositions and how to prepare the materials so they are usable at trial.

Many attorneys believe you lose your case before the jury is sworn. What this means is if you have not properly prepared the case before trial, you will not be able to save the case during trial by winging it. This material will help attorneys prepare their cases so that all the necessary information and tools are at hand and in a usable, convincing format when the case is tried. We will discuss how to determine which witnesses to depose and why, whether to videotape the witnesses you do choose to depose and why, how to powerfully preserve testimony of witness you know or have reasonable concerns will not appear live at trial, how to use a discovery deposition to set up a powerful cross-examination of the opposing side's witness(es) at trial, and the proper evidentiary procedure for in-trial impeachment.

91 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Planning Ahead for Your Deposition

  • Selecting the Witness to Depose
  • Deciding If You Should Videotape It
  • Do You Need an Interpreter?

Taking a Deposition to Preserve Testimony

  • Plan the Deposition to Go Just as If the Witness Were Live at Trial
  • Witness Attire and Props
  • Do Not Ask More Than You Need

Taking a Deposition to Set up Cross-Examination

  • Deposing the Opposing Party's Main Witness (Fact or Expert)
  • Why You Videotape Some, but Never Others
  • Focus on Snippets of Testimony

Cutting the Deposition for Trial

  • Page/Line Designations of Witness You Are Calling on Direct
  • Have Your Cross-Examination Ready to Go
  • Deciding Whether You Should Use an Available Video

Impeaching With a Deposition

  • Laying the Proper Predicate
  • Using the Deposition Transcript
  • Using Video Cuts
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, and South Carolina CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 25, 2021.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • MN CLE 1.5
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Skills 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • WY CLE 1.5
     
  • This program has been approved for 1.5 hours of CLE by the Wyoming State Bar.
     
  • NALA 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s).
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • MO CLE 1.8
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NY CLE 1.5 including Skills 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Deborah J. Gander

Deborah J. Gander

Colson Hicks Eidson

  • Partner at Colson Hicks Eidson since 2002
  • Has dedicated her career to helping victims receive justice
  • Board certified civil trial lawyer with more than $100 million in verdicts and settlements for her clients
  • Represents clients who have suffered catastrophic injuries or who have lost family members; also represents clients who face financial ruin because of insurance company bad faith
  • Has 20 verdicts exceeding $1 million
  • Includes an award that was the largest ever in a federal tort claims act case: $61 million for medical negligence at a Naval hospital, and was the first time in history the U.S. government was held liable for the acts of a doctor it alleged was an independent contractor
  • Achieved the highest rating in the Martindale-Hubbell Law Directory, and includes her in the Martindale-Hubbell Bar Register of Preeminent Women Lawyers
  • Received the “Most Effective Lawyer” award for civil litigation in 2006 from the Daily Business Review
  • Has had two of her verdicts receive the Daily Business Review’s “Verdicts Hall of Fame Award”
  • Has been repeatedly named one of the “10 Best Attorneys in Florida” by the American Institute of Personal Injury Attorneys
  • Is an elected member, executive board member, and President of the Miami-Dade chapter of American Board of Trial Advocates
  • Co-chaired the Civil Litigation Committee of the Dade County Bar Association
  • Continues to lecture for organizations including the American Bar Association and American Association for Justice
  • Graduate, magna cum laude, University of Miami School of Law; served as an adjunct professor there for several years
  • Was a law clerk to the Honorable Peter T. Fay, Eleventh Circuit Court of Appeals
  • Can be contacted at 305-476-7400 or [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 408924
Published 2021
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