January 01, 2019 Trials

Why Not Trials Instead of Depositions?

Like many older trial lawyers, I serve as an arbitrator from time to time. A recent American Arbitration Association continuing education program reminded me and other panel members that the norm should limit witnesses to testifying a single time: at the hearing, not in a deposition.

Dan Skerritt

Download a printable PDF of this article.

Like many older trial lawyers, I serve as an arbitrator from time to time. A recent American Arbitration Association continuing education program reminded me and other panel members that the norm should limit witnesses to testifying a single time: at the hearing, not in a deposition. Financial Industry Regulatory Authority (FINRA) Rule 12510 likewise states that depositions are “strongly discouraged,” with a few exceptions geared to providing recorded testimony for witnesses who cannot appear at the hearing.

Premium Content For:
  • Litigation Section
Join - Now