Friday, January 18
Registration (continental breakfast available)
7:30 – 8:00 am
Morning Session
8:00 am - 12:15 pm
Welcome and Introductions
• Understanding Bias and Its Role in Discovery and at Trial
- How bias affects your deposition strategy
- Combating bias in discovery and trial
- Finding your "Reptilian" issues through discovery
• Depositions of Corporate Representatives: 30(b)(6) Deposition
- Crafting the notice for your case; for contention depositions related to defenses;
demonstration of questions to establish the witness speaks for the corporation;
relationship between Rules 30(b)(6) and 32
- Setting the Course for Trial and Making the Plaintiff’s Case: The 30(b)(6) Deposition
Strategy, Goals, and Techniques to Nail the Defendant
Workshop: Discovery Plan and Witness Goals
- Witness plan
- Goals for each lay witness—three take-aways
Networking lunch
12:15 – 1:15 pm
Afternoon Session
1:15 - 5:45 pm
• The Importance of Video
• Deposition Techniques
- Exhaustion
- Boxing-in
- Restating and summarizing
- Nonverbals, mirroring
• Deposing the Difficult Witness
- One fact, one question
- Using exhibits for control
- Establishing deposition protocol/rules
Workshop on Lay Witnesses: Exhaustion, Boxing-in, Restating and Summarizing, Nonverbals, Mirroring
Networking Reception
5:45 – 6:45 pm
Saturday, January 19
Morning Session (Continental Breakfast Available)
8:00 am - 1:00 pm
• Establishing Standards of Care and Conduct with Defense Witnesses
• “Death Star” Depositions: The 30(b)(2) Deposition
- Finding all the documents
- Using a 30(b)(2) deposition to discover case dispositive information
- Altered records: Lock the defendant in, then impeach with the originals
- Using the “smoking gun” document
Workshop: Document Discovery/“Death Star” Depositions
Lunch (on your own)
1:00 – 2:00 pm
Afternoon Session
2:00 - 5:15 pm
• Dealing with the Evasive Witness
- Techniques in handling the evasive witness
- Demonstration of deposing the evasive witness
Workshop: Establishing Standards of Care and Conduct
Sunday, January 20
Morning Session (Continental Breakfast Available)
8:00 am - 12:00 pm
• Dealing with the Rambo Litigator (ethics)
- Use of ethics rules
- Use of deposition protocol
- Redwood v. Dobson
• Witness Preparation
- The dos and don'ts
- Unpacking the witness & setting the tone
- Practice Q & A: Diagnosing witness strengths and weaknesses
- Delivering quality feedback
- Checking in with your witness to assess the prep
• Special Considerations for Deposing Experts
- Establishing facts and theories favorable to your case
- Daubert
- Silver Bullets
Lunch (on your own)
12:00 – 1:00 pm
Afternoon Session
1:30 - 5:00 pm
• Deposing the DME
- Establishing bias
- Polarizing your Case
- Hitchhiking
• Microexpressions and Body Language
Workshop: Deposing Experts
Monday, January 21
Morning Session (Breakfast Buffet Available)
8:00 am - 12:00 pm
• How to Effectively Use Your Depositions in Trial
- Maximum effect as impeachment
- Substantive evidence when the witness is unavailable
- In opening and closing using PowerPoint
• Faculty Deposition Demonstrations
- Deposition of accident reconstruction expert
- Deposition of defendant driver
- Deposition of DME
• Bringing It All Together
- Summarization of key points from each lecture
- Vignettes for key points
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CLE Information
Earn approximately 27* CLE and NCA credits, including 1 hour of ethics, to be applied to your participation in the NCA's Achievement Recognition Program. For more general CLE information consult the CLE coordinator at 800.622.1791, ext. 8612.
Professional Recognition Programs
Click here to learn more about AAJ's Professional Recognition Programs, Achievement Recognition Program (ARP) and Advanced Studies in Trial Advocacy (ASTA), or call 800.622.1791 or 202.965.3500, ext. 8612.
The Achievement Recognition Program (ARP) provides Advocate, Fellow, and Diplomate recognition to AAJ members. To gain ARP credits, submit a certificate of attendance for every seminar, college, and convention you attend.
* Number of credits may vary depending on calculation method used by individual state accreditation agencies. AAJ is a State Bar of California MCLE-approved provider.
