What to Do When the Witness Doesn’t Give You a Straight Answer

by Traverse Legal, reviewed by Enrico Schaefer - May 19, 2009 - The Perfect Client

I am currently at the INTA conference in Seattle at and education track on deposition tactics in trademark cases.  I had to share this hilarious video discussed by the panel.  What do you do when the deponent won’t give you a straight answer?

Here is a bullet list of panel recommendations, pretty standard stuff:

  • Always use video on key depositions
  • Know your court rules.
  • Don’t allow opposing counsel to coach witnesses with objections.
  • Adjourn depositions if you think that the other attorney is poisoning the deposition so much that you will not get truthful testimony
  • Have another lawyer review any motion for sanctions.  You may be too close to the matter to see it objectively

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Author


Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.