Litigation & Appeals

4.45

Mastering the Adverse or Hostile Witness

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Upon Request 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 56 minutes
Philip Greenberg
James Susag
Howard Lotven
Daniel Schiavetta
With Philip A. Greenberg from Philip A. Greenberg, P.C. + 3 others
Recorded January 23, 2024
Product ID 97897

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Overview

Powerful Deposition and Cross-Examination Strategies

Few witnesses you depose or cross-examine will be easy, but adversarial ones are particularly challenging with the risks and stakes often much higher. Do you have what it takes to control them and steer testimony in the direction you need it to go? This focused program comes complete with the techniques you need to get information, draw out admissions, and discredit adverse witnesses while avoiding unwanted answers that could seriously damage the case. Develop your strategies and learn how to work witness hostility to your advantage - register today!

  • Take adverse and hostile witnesses into account in early litigation planning and strategy.
  • Find out how to prepare a powerful yet flexible deposition outline.
  • Uncover tailored strategies for taking expert witness depositions.
  • Learn how to effectively use motions to limit or exclude expert testimony.
  • Get practical tips for controlling difficult witnesses - theirs and yours.
  • Review creative and time-tested questioning techniques.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member James Susag.

Abbreviated Agenda

  1. Initial Preparations and Pleadings
  2. Maximizing Depositions
  3. Special Considerations for Expert Witnesses
  4. Trial Preparations
  5. Assertive and Persuasive Cross-Examination
  6. Ethical Considerations

Related Topics

Product ID 97897

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Upon Request 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Initial Preparations and Pleadings

    1. Client Intake and Examination
    2. Preparations of Pleadings - Use of Themes
      1. Complaint and Answer
      2. Effective and Impactful Use of Written Discovery
    3. Initial Motion Practice
      1. Motions to Dismiss - State Versus Federal Court
      2. Motions for Judgment on the Pleadings
      3. Motions for a More Definitive Statement
    4. Scheduling Issues With the Court

  2. Maximizing Depositions

    1. Consider Your Logistics
      1. Timing
      2. Location
      3. In Person Versus Remote
      4. Transcript Options and Considerations
    2. Preparing a Powerful Deposition Outline
    3. Researching the Adverse Witness
      1. Document Review
      2. Prior Legal Proceedings and Depositions
      3. Internet Searches/Employing Social Media
    4. Consider Your Goals for the Deposition
      1. Learning the Who/What/Why/Where Information
      2. How to Lock Down Testimony for Trial
      3. How to Evaluate the Witness for Trial Through Your Questioning
      4. Dispositive Motion Practice/Mediation

  3. Special Considerations for Expert Witnesses

    1. Preparing for Taking an Expert Witness Deposition
      1. Background Investigation and Research
      2. Internet and Social Media
      3. Scouring the Expert Report
      4. Using Your Own Testifying or Non-Testifying Expert to Prepare
    2. Goals for Your Expert Deposition
      1. Questioning Their Expert Credentials
      2. Opinions and Bases for Their Opinions
      3. Making Their Expert Your Expert
    3. Essential Questioning Strategies
      1. Obtaining Essential Information
      2. Eliciting Concessions
      3. Closing the Box on Expert Opinions

  4. Trial Preparations

    1. Dispositive Motion Practice
    2. Preparing Effective Exhibits
    3. Evidentiary Stipulations and Cooperation With Opposing Counsel
    4. Motions in Limine - Use and Timing
    5. Understanding Daubert Considerations

  5. Assertive and Persuasive Cross-Examination

    1. Dealing With Difficult Witnesses - Theirs and Yours
      1. The Hostile, Arguing Witnesses
      2. The Narrative/Know-it-All Witness
      3. Tips for Dealing With Your Own Difficult Witnesses
        1. How to Best Prepare a Difficult Witness for Direct and Cross-Examination
        2. Limiting Damaging Testimony
    2. Establishing and Maintaining Control
    3. Creative Questioning Strategies
      1. Keeping it Short and Simple
      2. Using Looping as a Technique
    4. Making and Responding to Objections
    5. Maximizing Use of Courtroom Technology

  6. Ethical Considerations

    1. Identifying and Preventing Conflicts of Interest
      1. Client Conflicts of Interests
      2. Positional Conflicts of Interest
    2. Ethical Witness Preparation
    3. Professionalism and Civility
    4. Investigations and Use of Social Media
    5. Communications With Unrepresented Witnesses
    6. Ethics Issues for Remote Practice

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Philip A Greenberg
Philip A.
Greenberg
Philip A. Greenberg, P.C.
James M Susag
James M.
Susag
Larkin Hoffman Daly & Lindgren Ltd.
Howard L Lotven
Howard L.
Lotven
Howard L. Lotven P.C.
Daniel M Schiavetta
Daniel M.
Schiavetta
Russo & Gould LLP
Speaker bio
Philip A Greenberg

Philip A. Greenberg

Philip A. Greenberg, P.C.
Philip Greenberg

has provided skilled and highly personalized representation to his clients for more than 45 years. During this time, his firm has helped clients with family law and business matters in a wide range of civil litigation. Mr. Greenberg judges multiple rounds, including the finals, of the National Trial Competition in Virginia. He has co-authored a book titled Divorce Insights, which was published and is being sold by Amazon Books. Mr. Greenberg is admitted to practice in New York and New Jersey, both state and federal courts, as well as the Second Circuit Court of Appeals and the U.S. Supreme Court. He earned his J.D. degree from New York University School of Law and his B.A. degree, cum laude, from Brooklyn College of the City University of New York.

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Speaker bio
James M Susag

James M. Susag

Larkin Hoffman Daly & Lindgren Ltd.
James Susag

is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country and in domestic and international arbitration forums. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to-courtroom experience in crafting resolutions for their business disputes. Mr. Susag is admitted to practice in state and federal courts in Minnesota, Washington, and Wisconsin, as well as the U.S. Court of Appeals for the Seventh, Fourth, and Eighth circuits. He earned his B.A. degree, summa cum laude, from the University of St. Thomas; and his J.D. degree, summa cum laude, from William Mitchell College of Law.

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Speaker bio
Howard L Lotven

Howard L. Lotven

Howard L. Lotven P.C.
Howard Lotven

is a sole practitioner with the law office of Howard L. Lotven P.C. Mr. Lotven primarily represents clients in criminal/municipal courts and traffic courts. He has been either a prosecutor or a defense attorney in more than 10,000 cases. Mr. Lotven also represents clients in family law matters, including divorce, paternity, modification of child support, custody and visitation. His professional associations and memberships include; the Volunteer Attorney Project., The Missouri Bar General Practice Committee, the Municipal Court Prosecutors Association of Western Missouri, the Missouri Municipal and Associate Circuit Judges Association, and the Association of Women Lawyers. Mr. Lotven is admitted to practice in Missouri and before the U.S. District Court for the Western District of Missouri and the U.S. Federal Court. Mr. Lotven earned his B.A. degree, with honors, from Drake University; and his J.D. degree from the University of Missouri-Kansas City School of Law.

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Speaker bio
Daniel M Schiavetta

Daniel M. Schiavetta

Russo & Gould LLP
Daniel Schiavetta

is of counsel at Russo & Gould LLP, who specializes in nursing home and adult residential facility defense, and has wide experience in appellate and insurance coverage litigation. He has prosecuted rescission, declaratory judgment and interpleader actions in state and federal court on behalf of various insurers, and has tried cases involving medical malpractice and premises liability. Mr. Schiavetta gives presentations to nursing homes as to charting and litigation issues, and is responsible for two changes in case law. He earned his B.A. degree from State University of New York and his J.D. degree from the University of California, Davis School of Law. Mr. Schiavetta is admitted to New York and New Jersey Federal courts, Second Circuit Court of Appeals, United States District Eastern and Middle districts of Pennsylvania, and United States Court of Appeals, Third Circuit. He is a member of the Westchester County Bar Association, New Rochelle Bar Association and Defense Research Institute.

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