The Evolving Deposition

Law360, New York (October 21, 2016, 10:03 AM EDT) -- Reuben A. Guttman

Sam S. Sheldon With fewer than 2 percent of all lawsuits going to trial, depositions are typically the only times in a case that witnesses will be examined by opposing counsel. Over the last three decades, depositions (particularly at the federal court level) have changed: unlike depositions of the past, which were boisterous affairs where legal counsel challenged each other for grand bulldog status, modern-day depositions are more demure proceedings where counsel now let the witnesses do the talking.

The change can be attributed to a variety of factors, including sharp decisions from the judiciary; the training of...

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