Legal Issues: Depositions Mary Penny Thompson DENR General Counsel.

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Presentation transcript:

Legal Issues: Depositions Mary Penny Thompson DENR General Counsel

Case Timeline (with no extensions) From Petition to Hearing5 months From Petition to Hearing5 months From Hearing to FAD10 months From Hearing to FAD10 months Appeals process Years Appeals process Years

Types of Depositions 1.Individual 1.Individual 2.Agency 2.Agency

Subpoenas Who Issues One? Who Issues One? What Does It Require? What Does It Require? When Does It Arrive? When Does It Arrive? Where Is It Served? Where Is It Served? Why me? Why me? Bonus: Who do you call? Bonus: Who do you call? Double Bonus: How can I negotiate? Double Bonus: How can I negotiate?

Preparation Materials Materials Attorney Attorney Opposing Counsel Opposing Counsel Judge Judge Objections Objections Top Ten Tips Top Ten Tips

Top Ten Tips 1. Truth = Knowledge

2. Stop, Listen and Think Top Ten Tips

3. Look at Documents Top Ten Tips

4. Clarify the Context of Conversations Top Ten Tips

5. Summarize First

Top Ten Tips 6. Never Characterize Your Testimony

Top Ten Tips 7. Be Cool

Top Ten Tips 8. Stick to Your Answer As I said before...

Top Ten Tips 9. Beware the After Lunch or Late Afternoon Let Down

Top Ten Tips 10. Do Not Expect to Testify Without the Other Side Scoring Points

Top Ten Tips 1. Truth = Knowledge 2. Stop, Listen and Think 3. Look at Documents 4. Clarify the Context of Conversations 5. Summarize First 6. Never Characterize Your Testimony 7. Be Cool 8. Stick to Your Answer 9. Beware the After Lunch or Late Afternoon Let Down 10. Do Not Expect to Testify Without the Other Side Scoring Points

Post Mortem Correction Redirect Redirect Transcript Review Transcript Review Other Testimony Other Testimony Affidavit Affidavit

Mary Penny Thompson DENR General Counsel (919)