LAW895
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TAKING/DEFENDING DEPOSITIONS
Course Title
TAKING/DEFENDING DEPOSITIONS
Course Number
895
Min
3
Course Types
Letter Grading, Experiential Learning, Simulation-Experiential
Credit Type
NON-GPA COURSES
Description
Satisfies Experiential Learning.
This course focuses on the practical and theoretical aspects of preparing for and taking depositions in civil cases, with an emphasis on deposing hostile witnesses. Over the course of the semester, students learn deposition strategies and questioning techniques needed to resolve common deposition dilemmas: For example, how thoroughly should any particular subject area be probed? What follow-up questions should be asked when the deponent provides testimony harmful to the questioner's case? How should the student deal with forgetful or non-responsive answers? Improper objections or otherwise inappropriate behavior by opposing counsel? Etc.
The course is designed to give students continual practice and feedback in order to maximize skill-development. We will spend most of our class time practicing the skills and techniques for taking effective depositions, using a variety of simulations to provide students with a wide array of contexts. Virtually all of our classes will center on role-play exercises (often breaking into small groups) in which students will take turns conducting the questioning, defending the deposition, and acting as the deponent. We will also periodically pause to do lengthier, comprehensive video-recorded mock depositions.
While the principal focus of this course is to prepare students to competently represent their clients while taking and defending depositions, it is also designed to expose students to strategies and techniques for conducting factual investigation and theory development in civil litigation; and to expose students to some of the ethical dilemmas inherent in taking and defending depositions.
This course focuses on the practical and theoretical aspects of preparing for and taking depositions in civil cases, with an emphasis on deposing hostile witnesses. Over the course of the semester, students learn deposition strategies and questioning techniques needed to resolve common deposition dilemmas: For example, how thoroughly should any particular subject area be probed? What follow-up questions should be asked when the deponent provides testimony harmful to the questioner's case? How should the student deal with forgetful or non-responsive answers? Improper objections or otherwise inappropriate behavior by opposing counsel? Etc.
The course is designed to give students continual practice and feedback in order to maximize skill-development. We will spend most of our class time practicing the skills and techniques for taking effective depositions, using a variety of simulations to provide students with a wide array of contexts. Virtually all of our classes will center on role-play exercises (often breaking into small groups) in which students will take turns conducting the questioning, defending the deposition, and acting as the deponent. We will also periodically pause to do lengthier, comprehensive video-recorded mock depositions.
While the principal focus of this course is to prepare students to competently represent their clients while taking and defending depositions, it is also designed to expose students to strategies and techniques for conducting factual investigation and theory development in civil litigation; and to expose students to some of the ethical dilemmas inherent in taking and defending depositions.