Question 1

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?

Accepted Answer

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Question 2

Jurors are instructed that if they conclude that a witness has testified falsely:

Accepted Answer

Jurors are instructed to only disregard the specific testimony that was determined to be false, but they should still consider the witness's overall credibility and the rest of their testimony. It does not necessarily mean that the other party's version of events is automatically true.

Question 3

The legal team should build the client's case around facts that are:

Accepted Answer

Building the client's case around facts that are not in dispute provides a solid foundation for the case and strengthens the credibility of the legal team's arguments. It also helps to streamline the legal process and can potentially lead to a quicker resolution.

Question 4

What course of action is available to a deponent if, at trial, the opposition informs the jury about the deponent's original answer in a deposition which was duly corrected in the correction page as authorized by the Rules?

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Question 5

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?

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Question 6

Why is it a good idea for a paralegal to ask a deponent some questions in a mock-deposition that would be objectionable in an actual deposition?

Accepted Answer

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Question 7

What may a deponent's lawyer not do if he or she believes that the deponent has answered something incorrectly or in such a way that the answer might be damaging to the client's case?

Accepted Answer

A deponent's lawyer cannot personally explain and correct the mistake on the record before the deposition is concluded. This would be inappropriate as it is the deponent's responsibility to provide their own testimony. The lawyer can, however, address any issues through proper legal channels such as reviewing the transcript with the client or through questioning.

Question 8

Regarding the length and comprehensiveness of a deponent's answers, the general rule is that they should be:

Accepted Answer

In a deposition, the answers should be short and to the point, while at trial, the answers can be more comprehensive and detailed.

Question 9

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?

Accepted Answer

If privileged materials are used to refresh a client's recollection, they may become discoverable by the opposing party, which would waive the privilege. This means that the other side may be allowed access to the previously privileged materials.

Question 10

What legal privileges regarding confidential communications might be invoked in a deposition and properly preclude an answer from the deponent?

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Question 11

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

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Quiz 13: Preparing Client for Deposition