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Scott M. Himes Scott M. Himes

Taking depositions is fundamental to every trial lawyer’s civil case practice. What will the other side, and the key witnesses, say about what happened to bring the parties to court? As every lawyer learns early on, a deposition is taken for several purposes. But I have found over the years that one critical purpose all too often gets lost in the shuffle: getting evidence to use at trial. This purpose seems so obvious. Nonetheless, after countless hours in the deposition room, I’m convinced that trying the case is frequently the last thing on opposing counsel’s mind. It is worthwhile to reiterate the basics based on the admonition of what not to do.

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