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Auto Law Update Depositions-Independent and Expert Witnesses 2012

Learn how to effectively prepare for standard auto cases in state court by utilizing independent witnesses, police investigators, reconstructionists, photographers, and more.

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Auto Law Update Depositions-Independent and Expert Witnesses 2012

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  1. www.schmidtkramer.com Auto Law UpdateDepositions-Independent and Expert Witnesses 2012 By. Joe Chapman Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 (717) 888-8888 phone jchapman@schmidtkramer.com December 20, 2012

  2. Don’t Want to See

  3. Things you Want to See-Prepare Exhaustively for a Standard Auto Case in State Court • Independent Witnesses • Police Investigator • Police Reconstructionist • Police Photographer • Who can authenticate a crash video • Witnesses to the crash • Before and After Witnesses • First Responders • 911 Dispatcher • Owner of an insurance policy • Mechanic if there is a claim/defense faulty maintenance • Coroner

  4. Are they your witness?

  5. Independent Witness

  6. Prepare Exhaustively for a Standard Auto Case in State Court • Medical Expert

  7. Pa. R.C.P. 4003.6 • Information may be obtained from the treating physician of a party only upon written consent of that party or through a method of discovery authorized by this chapter. This rule shall not prevent an attorney from obtaining information from (1) the attorney's client, (2) an employee of the attorney's client, or (3) an ostensible employee of the attorney's client.

  8. Pa. 4017.1(g) • (g) In addition to the uses permitted by Rule 4020 a video deposition of a medical witness or any witness called as an expert, other than a party, may be used at trial for any purpose whether or not the witness is available to testify.

  9. Meeting with Doctor

  10. What you Don’t Want to See

  11. The most important advancement in trial method?

  12. Distinctions • Federal Rules and Video Tape Depositions and Trial Depositions • F.R.C.P. 30(b)(4)-Deposition can be done remotely • F.R.C.P. 29-Agree with opposing counsel that the deposition of the doctor is for use at trial. • F.R.C.P. 32(a)(4)-Witness is more than 100 miles away.

  13. Experts in Federal Court • Discovery deposition of Experts

  14. Don’t want to see…

  15. Planning Sidenote…Exhibits • Agreement • Numbered • Copies • Electronic?

  16. Plan the Testimony • All testimony geared towards: • A requirement that defendant do, or not do, something • Easy for the jury to understand • Requirement that cannot be credibly disputed • Requirement that has been violated • Important enough that its violation deserves rectifying Rules of the Road, Friedman & Patrick Malone

  17. Deposition as applied to Closing Maybe, you can’t convince them you have the right tie, but…

  18. A to Z 10 Goals to Accomplish 1.Maintain organization 2.Use checklists 3.Keep the project moving 4.Attempt to get as much paper discovery completed as possible prior to any depositions 5.Try to get to know your client 6.Develop your theme 7.Develop ideas early for whom to depose 8.Know as much as possible about the person being deposed 9.KNOW the area of your case, be an expert in it 10.Do not waste time and resources 10 Problems to Avoid 1.Do not depose each and every person associated with a case 2.Do not ask questions that have no relevance 3.Do not ask every conclusory question at the deposition—you may want to save specific questions for trial 4.Do not avoid schmoozing—social engagement may make the witness feel more comfortable with you and help to elicit more testimony 5.Do not avoid playing devil’s advocate with your client—ask the hard questions 6.Do not forget to use your experts 7.Do not postpone things if possible 8.Do not fail to read all the documents prior to a deposition 9. Do not ignore what the deponent says 10.Do not plan poorly for a deposition’s time or length The A to Z of Civil Depositions in Pennsylvania, Scott Cooper

  19. What the medical expert must say. • They have an opinion that the crash caused the injury. • The injuries are… • The treatment for the injuries was reasonable and necessary • The expenses for the treatment are reasonable • All opinions were given to a reasonable degree of medical certainty.

  20. Cross-Examination

  21. Exhaustion Instruction

  22. What you don’t want to see…

  23. What you do want to See-Listen and be Flexible

  24. Post-Mortem • Always due a memo • Always follow up on new witnesses or documents discussed • Always get documents to other side when it appeared in your possession during deposition

  25. www.schmidtkramer.com

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