January 31, 2019 Feature

Deposition: Turning the Tables on Difficult Witnesses (and Counsel)

By Adrian K. Felix, Martin A. Dolan, Rebecca C. Kibbe, and Lori Lustrin

The importance of pretrial depositions cannot be stressed enough. Depositions provide the evidentiary basis for the resolution of most civil disputes, approximately 97 percent of which are settled or dismissed before trial. For the majority of those cases that never see trial, depositions will be the only testimony available; hence, a successful deposition can mean the difference between obtaining a favorable or unfavorable settlement during negotiations and mediation.

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