Question 1

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.

Accepted Answer

This is true. The deponent has the right to have a question made more clear or specific to avoid confusion or misunderstanding.

Question 2

The court prohibits a party from impeaching a witness by using the witness's original statements in a deposition which are later corrected in the manner authorized by Rule 30(e).

Accepted Answer

Rule 30(e) of the Federal Rules of Civil Procedure allows a deponent to review and, if necessary, correct their deposition transcript. However, the court does not prohibit a party from using the original statements to impeach the witness; both the original statements and the corrections can be used for impeachment or other relevant purposes during the trial or hearing.

Question 3

In an adversary system, lawyers and paralegals have no duty to the courts to prevent clients from testifying falsely.

Accepted Answer

In an adversary system, lawyers and paralegals have a duty to zealously advocate for their clients, but they do not have a duty to prevent clients from testifying falsely. It is up to the judge and the legal system to determine the credibility of witnesses and whether testimony is truthful or not. However, lawyers cannot knowingly allow their clients to present false evidence or make false statements in court, as this is considered unethical and may result in disciplinary action.

Question 4

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.

Accepted Answer

This is generally true, as long as the deponent has a good faith basis for making the estimate and is not intentionally providing untrue or misleading testimony. The opposing party may have the opportunity to later challenge the accuracy of the estimate.

Question 5

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

Accepted Answer

In legal proceedings, hypothetical questions posed to expert witnesses often include facts supplied by the attorney asking the question, not by the deponent or witness themselves.

Question 6

Why may a lawyer allow his or her client to answer an improper question subject to an objection?

Accepted Answer

The answer of Why may a lawyer allow his or...

Question 7

The court may inquire as to the substance of discussions between a paralegal and client.

Accepted Answer

The court generally cannot inquire into the substance of discussions between a paralegal and a client due to attorney-client privilege, which extends to communications with paralegals working under the supervision of an attorney.

Question 8

What is the value of giving a witness an overview of the case as part of the witness's preparation for his or her deposition?

Accepted Answer

The answer of What is the value of giving a...

Question 9

A deponent client should be encouraged to speculate about an answer if he or she does not know the answer.

Accepted Answer

A deponent should only provide information that they have personal knowledge of and not speculate about possible answers. It is important for the deponent to be honest and admit if they do not know the answer to a question.

Question 10

Why should a deponent client be instructed to pause before answering each question?

Accepted Answer

The answer of Why should a deponent client be instructed...

Question 11

To enhance the deponent client's credibility, he or she should be encouraged to respond positively to suggested answers offered by the interrogator if the suggested answers are possible or within the realm of consideration.

Accepted Answer

Encouraging a deponent to respond positively to suggested answers offered by the interrogator can undermine the deponent's credibility and suggest that they are just saying what the interrogator wants to hear. It is important for the deponent to provide truthful and accurate answers based on their own recollection and knowledge.

Question 12

Why should a deponent client be instructed to be careful of questions that contain the words "duty" or "responsibility?"

Accepted Answer

The answer of Why should a deponent client be instructed...

Question 13

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

Accepted Answer

The answer of Why should you not prepare a client...

Question 14

In communications between a paralegal and client, the fact that a subject was discussed does not make that subject privileged-as distinguished from the discussion itself.

Accepted Answer

Discussions between a paralegal and client are only considered privileged if they relate to legal advice or representation, and the intention is to keep the communication confidential. The fact that a subject was discussed is not enough to make it privileged; it must also meet the criteria of being related to legal advice or representation and intended to be kept confidential.

Question 15

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

Accepted Answer

The answer of How many times may one party take...

Question 16

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

Accepted Answer

The answer of May a paralegal conduct a mock cross-examination...

Question 17

What is probably the best kind of client preparation for a deposition?

Accepted Answer

The answer of What is probably the best kind of...

Question 18

DEFINE
-negative evidence

Accepted Answer

The answer of DEFINE
-negative evidence...

Question 19

What advice can be given to witnesses to help them make sure they under- stand the questions and answer appropriately?

Accepted Answer

The answer of What advice can be given to witnesses...

Question 20

What guideline that is fundamental to discovery deposition testimony should not be employed when testifying in court?

Accepted Answer

The answer of What guideline that is fundamental to discovery...

Quiz 13: Preparing Client for Deposition