Part One of this presentation, by Mr. Coffinas, will focus on preparing for and conducting the examination before trial. Topics will include the materials and information to gather and review prior to the examination; preparing the examination outline; strategies and tactics to employ in the conduct of the examination in the context of a variety of types of cases, including the order in which to approach different areas of inquiry; and the drafting of a post-deposition report.
Part Two of this presentation, by Justice Collins, will focus on the proper use of deposition transcripts at the trial of personal injury and medical malpractice actions. Importantly, there will be an emphasis on the four avenues by which CPLR 3117(a) permits a deposition to be used at trial and on the foundation that each requires. The subject of how a transcript plays before a jury will also be treated through scripted deposition excerpts, including impeachment with a prior inconsistent answer, the rule of completeness, objections in videotaped physician testimony, errata sheet corrections, and the deposition of a party who has since died, with its implications under the Dead Man’s Statute.