COMMUNICATIONS WITH
WITNESS DURING BREAKS
17-1
CHAPTER 17
COACHING AND COMMUNICATIONS
WITH THE WITNESS DURING BREAKS
I. COACHING
A. Introduction
§17:01 Ethics of Witness Coaching
[§§17:02-17:09 Reserved]
B. Coaching Before the Deposition
§17:10 Acceptable Preparation Practices
§17:11 Unacceptable Preparation Practices
[§§17:12-17:19 Reserved]
C. Coaching During the Deposition: Speaking Objections
§17:20 What Are Speaking Objections?
§17:21 “Explanation” Objections
§17:22 “Suggestion” Objections
§17:23 “If You Know” Objections
§17:24 “Asked and Answered” Objections
§17:25 “Understanding” Objections
§17:26 “Testifying” Objections
§17:27 Speaking Objections: How Far Can You Go?
§17:28 Controlling Uncooperative Witnesses
[§§17:29-17:39 Reserved]
D. Witness-Coaching Disputes During a Deposition
§17:40 What Should You Do When Another Attorney Makes a Speaking Objection?
§17:41 How to Resolve Coaching Disputes During a Deposition
§17:42 Avoid Coaching Disputes by Thoroughly Preparing Witnesses for Depositions
[§§17:43-17:49 Reserved]
II. COMMUNICATIONS WITH WITNESSES DURING BREAKS
§17:50 Reasons for a Deposition Break
§17:51 Are You Allowed to Talk to the Witness During a Deposition Break?
§17:52 The Hall and Stratosphere Lines of Cases
§17:53 Possible Sanctions for Improperly Talking to a Witness During a Deposition Break
§17:54 Weighing the Risks and Benefits of Holding Conversations During Deposition Breaks
§17:55 What to Do When Deposing Counsel Asks the Witness About Conversations During the
Deposition Break
COMMUNICATIONS WITH
WITNESS DURING BREAKS
Deposition Objections 17-2
III. FORMS AND CHECKLISTS
Form 17-1 Checklist: How to Handle Speaking Objections and Witness Coaching
Form 17-2 Stipulated Order Prohibiting Coaching (And Regulating Other Deposition Practices)
Form 17-3 Checklist: Issues to Consider in Deciding Whether You Should Talk to a Witness During a
Deposition Break
