Litigation is often contentious by its very nature. But perhaps no aspect of litigation is more contentious than a deposition. While the parties and their counsel typically understand that a certain level of decorum must be maintained in the courtroom, some attorneys believe that anything goes when it comes to depositions.

The informal setting for depositions is only one of many potential causes of incivility. In some instances, attorneys recognize that key deposition testimony can make or break their case and thus will stop at nothing to elicit the testimony desired. In addition, attorneys may feel the need to “put on a show” for their client being deposed by aggressively objecting to opposing counsel’s questions.

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