• Types of Questions Every Attorney Should Avoid During a Deposition

    A legal deposition is your opportunity to gain information that can help you strategize your approach to a case and prevent delays once it is in progress. For these reasons, it is essential to be ready with the right questions. Are you looking for a court reporter or transcription service to prepare for an upcoming deposition near San Jose ? If so, then continue reading to learn what types of questions should be avoided during a deposition. attorney - deposition


    Asking open-ended questions can be a strategy for eliciting damaging information from a witness, but it is important to choose questions that will provide you with concise and simple answers. To help achieve this, avoid asking questions that contain universal descriptors like “everything,” “everyone,” and “all.” Also, counsel your client to counter any open-ended questions that he or she is asked with a statement such as “I’ll answer to the best of my ability,” which will allow for clarification during cross.


    Questioning in absolutes that include words like “always,” “all,” “never,” “every,” “only,” and “must” should be avoided. The reason for this is that the answers to questions like these leave no room for doubt and limit the witness’ options for responses. Also, advise your client to clarify his or her answers to any questions with absolutes that he or she is asked, and to think carefully about what he or she is agreeing to when responding to each question.


    Lumping several questions or statements together, which is sometimes referred to as summary or compound questioning, can be deceptive and confusing for the individual being deposed. The reason for this is that an answer to one part of the question may be misunderstood as an answer to all the questions or another question that was included. You should also avoid summarizing statements into questions, as these can elicit misleading answers. As for your client, coach him or her to answer in full sentences, instead of just “yes” or “no,” and to individually address each part of any combined questions that he or she is asked.

  • How to Choose the Right Expert Witness

    Are you in need of deposition services, court reporting, litigation services, or notary services in San Jose ? If so, then you may be in the process of finding the ideal expert witness to strengthen your case. Continue reading for tips on choosing the right expert witness. expert - witness

    Understand the Issues

    Before you begin your hunt for the perfect expert witness, be sure to do your research. Gain a thorough understanding of the details of the case and the technical or scientific issues that are involved. The more that you know about the area you’re dealing with, the easier it will be for you to select an expert witness who will be beneficial to your case.

    Look for Experience

    You can benefit from leaning toward experts that have experience in courtroom matters. When it comes to cutting costs, this is not an area in which to do so. Choose an expert witness who has had practice in the courtroom process, if possible.

    Do Not Delay

    When it comes to finding a good expert witness for your case, one thing that you don’t want to do is wait too long to begin the process of finding one. An expert witness can serve as an invaluable asset when it comes to deposition preparation and questioning opposing experts. These individuals can also guide you in determining if any pertinent information has been overlooked and in drafting discovery requests. For these reasons, you shouldn’t wait too long before searching for and bringing the right expert witness in on the case.

    Conduct Background Checks

    You know that the other side will be performing a background check on your expert. For this reason, it is essential that you do so, as well. If the cost of a background check is causing you to hesitate, then keep in mind that you will spend more if you need to hire a second expert witness, and you may even lose the case due to problems that might be caused by skipping this step.

  • A Look at the Discovery Rules

    Are you in need of court reporting, legal deposition, transcription services , or litigation services near San Jose? If so, then you may benefit from learning more about the discovery rule. Watch this video to find out how the discovery rule affects the statute of limitations.

    Under the discovery rule, the statute of limitations can sometimes be extended. For example, if a person is unaware that they have been injured, then the statute of limitations does not begin until they do become aware of the problem or that something or someone was responsible for the injury. This type of situation is seen commonly in pharmaceutical litigation.

  • What You Need to Know About Deposition Errata Sheets

    After spending countless hours preparing for a complex legal deposition in San Jose, concluding the deposition can bring a sense of relief. But in some cases, matters pertaining to the legal deposition aren’t yet finalized. You’ll still have to help your client navigate the errata sheet. The court reporter will attach the errata sheet to the transcript provided to you. Your client will have 30 days to review the transcript and sign the errata sheet from the date on which the transcript was made available. errata - sheet

    Become familiar with the court’s ruling

    As every lawyer should know, the errata sheet allows deposed witnesses to make changes to their deposition testimony after the fact. However, exactly which changes are allowed is an area that is less well understood. There are two schools of thought on this matter. The first is the permissive approach, which interprets Rule 30(e) to mean that the deponent can make substantive changes , including those that contradict earlier testimony. The second is the narrow interpretation, which limits changes to corrections of errors made by the court reporter. In the case of Grottoes Pallet Company, Inc. v. Graham Packaging Plastic Products, Inc., U.S. District Judge Urbanski ruled that because the defendant’s errata sheets contradicted prior testimony, they would be ignored. The errata sheets in question were also found to be supported only by perfunctory justifications. However, in issuing the ruling, Judge Urbanski noted that, rather than broadly apply a permissive or narrow interpretation of Rule 30(e), it was preferable for courts to evaluate each matter on a case-by-case basis moving forward.

    Understand the ethical implications of errata sheets

    Ethics rules require that lawyers avoid coaching clients about the answers they give under oath. These guidelines apply to errata sheets, even though they are not completed while the deponent is under oath. If a client contacts you a few days after a legal deposition with concerns about the testimony, you should carefully weigh your words before responding. If need be, you can directly inform your client that the opposing counsel may ask in court if the changes in the errata sheets were influenced in some manner. It’s best to take a proactive approach, such as by preparing your client well prior to the deposition and letting him or her know what to expect from the errata sheet afterward.