Taking and Defending Depositions

Agenda / Content Covered

1. Preparing for the Deposition
   2:00 - 2:45, James M. Susag
   1. Applicable Rules
   2. The Deposition Notice or Subpoena
   3. Time, Place, People, Stipulations: Strategic Considerations
   4. Determining Your Objectives and How to Achieve Them
   5. Deponent Investigation Tips
   6. The Deposition Outline and Exhibits
   7. Unique Considerations for Remote Depositions
2. Taking the Deposition
   2:45 - 3:30, James M. Susag
   1. Procedure and Formalities
   2. Questioning Techniques
   3. Active Listening
   4. Using Documents and Recordings
   5. Responding to Objections
   6. How to Approach Your Goals Without Drawing Objections
   7. Effective Ways to Use Deposition Transcripts or Recordings
3. Defending the Deposition
   3:45 - 4:30, James M. Susag
   1. How to Prepare Clients and Witnesses for Depositions
   2. Preparing Deponents for Mind Games, Confusion Tactics, and Trick Questions
   3. Effective Use of Objections
   4. Instructing Witnesses Not to Answer
   5. When to Question Your Client at Depositions
   6. Rehabilitating the Deponent and Correcting the Record
4. Dealing With Difficult Deponents and Rambo Litigators
   4:30 - 5:15, James M. Susag
   1. Overly Talkative, Evasive, Argumentative, and Other "Problem" Deponents
   2. Deposition Obstruction
   3. Aggressive and Hostile Tactics

Accreditation Details:

James M Susag is a shareholder with Larkin Hoffman Daly & Lindgren Ltd., in Minneapolis, Minnesota. Since 1995, his commercial and real estate litigation trial practice has focused on franchise; dealer and contract disputes; and real estate, construction, and land use. He has extensive first chair litigation experience representing clients in numerous jury and court trials, domestic and international arbitrations, administrative proceedings, and appeals. Mr. Susag is a member of the Minnesota State, Hennepin County, and Ramsey County bar associations; the American Bar Association's Forum on Franchising; and the International Franchise Association. He is admitted to practice in state and federal courts in Minnesota and Wisconsin; as well as the U.S. Court of Appeals for the 7th, 4th, and 8th circuits. Mr. Susag earned his B.A. degree, summa cum laude, from the University of St. Thomas; and his J.D. degree, summa cum laude, from William Mitchell College of Law.