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The Barrister’s Toolbox

Category: Rule 30

Misbehaving and Dealing with the Same During a Deposition

Depositions are legal proceedings which are not typically officiated by a court officer. During such affairs attorneys can behave quite badly. Such behavior can range from simple rudeness to conduct that borders on criminal conduct such as threats of bodily harm or emotional charges to go outside and handle the matter like a man. Needless →

depositions, Discovery, Rule 26, Rule 30, Termination of deposition, testimony, Trial Rules

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Civil procedure, Deposition, Depositions, problems, Rule 30

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Dec 19, 2017
Readying Your Experts for Traps and Tough Questions

Depositions are dangerous time for your expert. Dangerous traps lies just around the corner. You cannot relax. Here are some thoughts on this important topic. 1. Tendencies of your expert: If you can obtain and read past depositions of your expert to see not only what type of questions are asked but how he reacts. →

depositions, Direct examination, Discovery, dos and don’ts, Evidence, experts, Rule 26, Rule 30, Rule 32, rule 702, Rule 704, Rules of Evidence, testimony, Trial Rules

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Depositions, Discovery, Evidence, expert, preparation, Rule 26, Rule 30, Rule 32

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May 1, 2017
Guarding Your Expert from Aggressive Counsel

Preparation is your greatest tool to avoid problems caused by difficult or agressive attorneys. Ultimately, once you are at the deposition there is little you can do without risking sanctions. Harassing behavior. If an attorney engages in ongoing harassing behavior which is truly beyond the pale, call the magistrate of court and have a →

depositions, experts, Rule 30, Rule 32, Termination of deposition, Trial Rules

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abusive, expert, Rule 30, Rule 32, Rule 37, sanctions, Termination of deposition

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Apr 23, 2017
The Case Against Experts in the Courtroom

“If you can’t explain it to a six year old, you don’t understand it yourself.” Albert Einstein I have always thought it is unclear whether Indiana Rule of Evidence (IRE) 615 applies to depositions. IRE 101(C) states: Rules Inapplicable. The rules, other than those with respect to privileges, do not apply in the following situations: →

depositions, Evidence, exclusion of witnesses, experts, rule 101, Rule 102, Rule 26, Rule 30, Rule 32, Rule 43, Rule 615, rule 702, Rule 704, Rules of Evidence, separation of witnesses, testimony, Trial Advocacy, Trial Rules

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Adversarial system, Civil procedure

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Oct 15, 2015