Top of the Funnel Examinations USDC RI Litigation Academy U.S. - PowerPoint PPT Presentation

Jan 25, 2023 •336 likes •509 views

Top of the Funnel Examinations USDC RI Litigation Academy U.S. District Court for the District of Rhode Island Federal Bar Association Roger Williams University Law School Discovery Tools Interrogatories Requests for Production

“Top of the Funnel” Examinations USDC – RI Litigation Academy U.S. District Court for the District of Rhode Island Federal Bar Association Roger Williams University Law School
Discovery Tools Interrogatories Requests for Production Requests for Admission Depositions
Why Do We Take Depositions?
Why Do We Take Depositions? -To learn what the witness knows -To confirm what we think the witness knows -To discover other witnesses, facts, documents -To test the completeness of discovery responses -To authenticate documents -To secure admissions -To prepare for cross-examination -To prepare for a dispositive motion -To see how a witness will respond to questioning -To prepare for ADR -To preserve testimony for trial
When to take Depositions? • Rule 26(d): A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)….
When to take Depositions? Preliminary Discovery: -interrogatories -document requests -subpoenas to third-parties -requests for admissions -other depositions -investigations
The Funnel Method Open-ended: Who, What, Where, When, Why. Tell me about… More targeted questions: Follow up. Fill in gaps. Theory test. Leading: Lock in admissions.
Word Count Top You Witness Middle Bottom
The Funnel Method
Top of the Funnel Questioning -Who -How -What -Describe… -Where -Explain… -Why -Tell me about… -When
Oral Prompts -What next? -Tell me more about…? -And then? -What else? -How about…? -Have you now told me everything you know about…?
Non-Oral or Visual Prompts -Silence -The Head Nod -The Raised Eyebrow
Don’t -make assumptions about what the witness knows. -start a question with: “Do you remember…?” “Do you recall…?” “Do you know…?” -be wedded to your notes.
Documents • Author? • When created? • Why created? • What does it say? • Who has seen it? • Where is it kept? • Edits / amendments? • Electronic versions? • Paper copies? • Produced in discovery?
Conversations • Where? • When? • Who heard? • What was said? • Recordings / documents? • Close off.
Meetings • Who called the meeting? • Who attended? • When? Where? • Context? • Documents distributed? • Who said what? • Minutes or notes? • Powerpoint? Charts? • Action items?
“Top of the Funnel” Examinations USDC – RI Litigation Academy U.S. District Court for the District of Rhode Island Federal Bar Association Roger Williams University Law School

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