Law Schedule of Classes

NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.


246.3 sec. 001 - Depositions (Spring 2024)

Instructor: Henry L. Hecht  (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only

Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person

Meeting:

Tu 3:35 PM - 6:15 PM
Location: Law 113
From January 09, 2024
To April 16, 2024

Course Start: January 09, 2024
Course End: April 16, 2024
Class Number: 32682

Enrollment info:
Enrolled: 18
Waitlisted: 0
Enroll Limit: 18
As of: 04/13 11:56 PM


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" (role plays) to teach the art and science of preparing for, 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 deposition role plays will be video recorded, and each student will have two individual video review sessions with the instructor. Undergraduates will play the role of the witnesses.

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

Enrollment is limited to 18 students. All interested students, whether enrolled or on the waitlist, must attend the first class in order to be admitted. Any student who does not attend the first class without prior permission of the instructor will be dropped from the class.

In addition, due to both the use of simulation exercises throughout the semester and the need to determine the 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 to remain in the course by no later than noon on Friday, January 12, 2024, the last day of the first full week of spring semester classes.

If you have any questions, please contact Professor Hecht by email (hhecht@law.berkeley.edu).

Required Textbook:

Hecht, Effective Depositions 2nd ed. (ABA 2010)

A paperback copy of the required textbook for the course can be purchased from either the Law School bookstore or directly from the publisher, the American Bar Association (ABA), at a 25% discount from the list price. The discounted price of a paperback copy from the Law School Bookstore is $112.46 plus tax; the discounted price of a paperback copy from the ABA is $112.46 plus tax and shipping.

The textbook can also be purchased as an eBook directly from the ABA at a 25% discount. (The Law School bookstore is currently trying to determine if it can provide an eBook edition at a discount.) You can order either a paperback copy or an eBook from the ABA at a 25% discount by using the code EFFDEP26. This code can be used either online or by phone when ordering the paperback edition or the eBook edition. The discount code will be effective through Tuesday, January 23, 2024. To order by phone, call the ABA service center (800-285-2221, Mon. - Fri., 9 a.m. - 6 p.m. Eastern Time). To order online, you will need to create a webstore account at https://www.americanbar.org/products/Links to an external site.

You can also purchase the textbook in eBook format from LexisNexis at a 25% student discount plus free shipping, but only if you place your order directly from Cherry Montes, Sales Account Manager - Print and Digital Solutions, LexisNexis. (Email: cherry.montes@lexisnexis.com; Direct Dial: 937-247-3252) The LexisNexis price for the eBook edition is List Price $149.95 - 25% student discount = $112.46 before tax.

Attendance Note:

Due to the nature of this class, real-time attendance is required without an alternative way to earn equivalent credit except in cases of illness or emergency. (Note: Given the close proximity to others in the classroom, I will wear a mask; and I strongly encourage each of you to do the same.)


Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.


Prerequisites:
US Civil Procedure at a US Law School. Although not required, completion of, or concurrent enrollment in Evidence (Law 241) is recommended.

If you have any questions, please contact Professor Hecht by e-mail at hhecht@law.berkeley.edu.

Requirements Satisfaction:


Units from this class count towards the J.D. Experiential Requirement.


New - Submit Teaching Evaluations (enrolled students only)

Exam Notes: (P) Final paper  
Course Category: Simulation Courses
This course is listed in the following sub-categories:
Litigation and Procedure

If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment to this page.

Readers:
No reader.

Books:
Required Books are in blue

  • Effective Depositions
    Henry L. Hecht
    Edition: 2nd 2010
    Publisher: American Bar Association (ABA)
    ISBN: 9781604429060
    e-Book Available: Yes
    e-Book procurement note: American Bar Association
    Price: $112.46
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.

Go to Course Search