March 25, 2020 Article

Deposition (Mis)Conduct: To Object, to Instruct, or to Simply Shut Up

A deposition should not be treated as if you were practicing law in the Wild West.

By Manuel A. Cornell

If you have ever attended a deposition in any capacity—as the attorney taking the deposition or as the witness being deposed—you are probably familiar with the feeling of the practice of law in the Wild West. This article will discuss some of the deposition rules, the (mis)conduct, and some of the ways in which the court intervenes when it gets out of hand. This is only the tip of the iceberg, and lawyers should always stay abreast of the rules, the case law, and their local rules.

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