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246.3 sec. 1 - Depositions (Fall 2013)

Instructor: Henry L. Hecht  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: W 3:35-6:15
Meeting Location: 115

Course Start: August 21, 2013
Course Control Number (Non-1Ls): 49595


Over 98% of all civil cases filed in Federal court are resolved short of trial. When a litigator questions a witness today, it is far more likely to be in a law office at a deposition than in a courtroom at trial.

This skills course primarily uses "learning by doing" (simulations) to teach the art and science of taking and defending depositions. The role plays will be conducted in small groups with experienced litigators and the instructor as observers who will provide individual feedback to each student. In addition, the role plays will be video recorded, and each student will have an individual video review session with the instructor. Undergraduates Legal Studies majors will play the role of the witnesses. Finally, court reporters will transcribe the testimony.

Skills addressed include: preparing the fact (lay) witness, gathering information (discovery), gaining admissions, seeking evidence for impeachment, handling documents, defending your witness, preparing and examining expert witnesses, dealing with obstreperous counsel and problem witnesses, and using depositions at trial.

Third year students will be given priority. All interested students -- whether or not enrolled or placed on the wait list by Telebears -- must attend the first class in order to be admitted. Any student who does not attend the first class may be dropped by the instructor.

Due to the use of simulation exercises throughout the semester and the need to determine members of the class as soon as possible, the usual provisions of "Drop/Add" do not apply. If you wish to enroll, you must commit by no later than Tuesday, August 27, 2013, the last day of the first full week of fall semester classes.

If you have any questions, contact Professor Henry Hecht, by e-mail (hhecht@law.berkeley.edu) or telephone (510-642-1787).

Prerequisites:
US Civil Procedure at a US Law School. Although not required, completion of Evidence or concurrent enrollment is recommended.

This course satisfies the Skills Requirement.

Exam Notes: P
Course Category: Advocacy Skills Courses
This course is cross-listed in the following categories:
Litigation and Procedure

The following files are available for this course:

First Assignment
Syllabus

If you are the instructor or their FSU, you may edit your files.

Readers:
No reader.

Books:
Required Books are in blue

  • Effective Depositions, Second Edition
    Henry L. Hecht,
    ISBN: 9781604429060
    Copyright Date: To Be Determined
    Price: $88.25
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.

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