Posts by Esquire Deposition Solutions

The fifth in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: the plaintiff. The plaintiff’s deposition is rarely just another deposition. The plaintiff is the architect of the lawsuit, the person whose factual story drives the pleadings, frames the damages claim, and ultimately stands before the…

The fourth in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: the lay witness. The lay witness deposition often decides whether a civil case settles, survives summary judgment, or proceeds to verdict. Lay witnesses — an injured party, an eyewitness to a collision, a workplace bystander…

The third in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: corporate representatives. A corporate representative deposition under Rule 30(b)(6) of the Federal Rules of Civil Procedure does something no individual deposition can: it compels an organization to speak. Corporate representatives testify not about what they…

The second in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: the treating physician. The treating physician sits at the center of nearly every personal injury case. Without the physician’s testimony, the factfinder has no credible link between an accident and the injuries claimed. That reality…

The first in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: expert witnesses. Few depositions carry more weight than the one taken of the other side’s expert. Expert opinions often decide complex civil cases — whether the dispute concerns medical causation, lost profits, a tire failure,…