The Examination Before Trial - Honing Your Deposition Skills in Tort and
Personal Injury Cases - 2010 Video Webcast
7.0 MCLE Credits
of professional practice; 4.5 skills)
The ability to properly prepare
witnesses, conduct and defend examinations before trial, and effectively
use the transcript, is essential to your practice. This seminar will
provide you with practical skills and strategies to assist you in
becoming an experienced litigator.
I. THE FOUNDATION - Understanding the Rules & Law of
Examinations Before Trial
A. Purpose of taking an EBT
C. The EBT notice
D. Production of “things” at the deposition
E. What did I just stipulate to?
1. “Form” - what is an objection to the
form of the question?
2. Other objections
II. PREPARATION -
YOURS - What you should know before you start questioning
A. Discovery before the EBT
B. Strategy and purpose - what are you trying to
2. What do I have to get the witness to say in order to win
at summary judgment?
C. Ethics of
1. Disclosure of statements
2. Social networking
3. Public records research
D. Crafting your questions
III. PREPARATION - THE WITNESS - Protecting Your Client and Your
A. What the client knows
B. What the client should know
C. What can the client review
D. What prep is discoverable?
E. How to get your client to show his/her “best
F. Ethical considerations
IV. A VIEW FROM THE BENCH - What You Need to Know Before Going to
A. What’s the difference between
discoverable, relevant and/or admissible?
B. Calling the judge for a ruling
C. 11 NYCRR 221 - Rules of Civility
D. Uses and abuses of the deposition transcript at trial
E. Technology in the courtroom for play back of a videotaped
examinations before trial
V. CONDUCTING THE
DEPOSITION - How to Prove Your Case At the EBT
A. Strategy and technique
C. Dealing with objections
D. Achieving your goal
E. Making a record
F. Stop coaching the witness!
G. Whether or Not to
VI. DEFENDING THE
DEPOSITION - How Not to Lose the Case at the EBT
A. What’s an objectionable question?
B. Making objections
D. Making a record
E. When should you question your own witness?
VII. DEMONSTRATION OF AN
EXAMINATION BEFORE TRIAL OF AN AUTO ACCIDENT PLAINTIFF
VIII. DEMONSTRATION OF AN EXAMINATION BEFORE TRIAL OF AN
AUTO ACCIDENT DEFENDANT
IX. AFTER THE EXAMINATION
BEFORE TRIAL - What’s next?
A. “Read and sign”?
B. Who pays for the transcript?
C. Rulings on preserved objections at the time of
D. Discovery after the
E. When can you use the
transcript at trial?
Kenneth A. Krajewski, Esq.,
Brown & Kelly, LLP, Buffalo
Edward B. Flink, Esq. (Albany Program Chair), Flink Smith
Jeffrey K. Anderson,
Esq., Anderson, Moschetti & Taffany, PLLC, Latham
Leah Walker Casey, Esq.,
Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany
A. Guetti, Esq., Flink Smith LLC, Latham
Michael C. Lynch, New York State Supreme Court, Third Judicial
Claudia A. Ryan, Esq.,
Towne, Ryan & Partners, PC, Albany
Eugene Sarfoh, Esq.,
O'Connor, O'Connor, Bresee & First, PC, Albany
View the Program Brochure
2010 NYSBA CLE Webcast Archive
This program was recorded on April 9, 2010.
This archived webcast is a video online program that you
will view and listen to on your computer screen. The program code for
each topic that you write on the included MCLE Form only appears on the
screen and is not announced by audio.