The Modern Deposition

Book Synopsis: The role and goals of deposition practice in modern litigation is ever evolving as is the technology utilized to execute them. As Anthony J. Bocchino and David A. Sonenshein note, the disappearance of the civil jury in favor of case disposition via motions practice, ADR, and negotiation. The authors offer a new paradigm for conceiving of, preparing for, taking and defending deposition using modern technology and provide examples on executing this most important of discovery devices to meet the demands of contemporary litigation. Bocchino and Sonenshein examine several key components of the deposition and its transformation:

• The factors that have led to major changes
• The uses of deposition testimony in modern litigation
• The developing of case theory on the legal, factual, and persuasive levels for efficient and economic use of depositions
• Exploration of fact-gathering systems to ensure completeness of information
• Using depositions for theory testing and the obtaining of admissions
• The keys to deposition preparation
• The importance of witness preparation
• The need to ensure that all facts that support case theory are divulged by witnesses who are deposed by the opposing party
• The step-by-step process of a modern deposition
• The substantive issues in obtaining witness testimony and techniques necessary in fact gathering
• The tactical and form issues in obtaining witness testimony and techniques in fact gathering
• The techniques of defending depositions
• The importance of defending counsel to question witnesses deposed by opponent to ensure complete divulging of favorable information
• The best uses of technology in preparation for, taking and defending depositions using real-time transcription devices with digital video recording of the depositions of all important witnesses
• The special issues involved in the use of expert witnesses in litigation and the unique techniques for conducting expert depositions
• The importance of the Rule 30(b)(6) deposition as a discovery device and for the purpose of obtaining admissions

Bocchino and Sonenshein’s exploration of the law demonstrates the need for innovation in civil litigation. Depositions must be complete, comprehensive, and persuasive.