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 2023)
Instructor: Henry L. Hecht (view instructor's teaching evaluations - degree students only | profile)
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Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
Tu 3:35 PM - 6:15 PM
Location: Law 115
From January 10, 2023
To April 18, 2023
Course End: April 18, 2023
Class Number: 32418
Enrollment info:
Enrolled: 17
Waitlisted: 0
Enroll Limit: 18
As of: 08/24 11:03 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. Student court reporters will transcribe the testimony, and law students will receive transcripts of the depositions they take and defend.
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 13, 2023, 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).
A hardcopy of the textbook for the course can be purchased from either the Law School bookstore or directly from the publisher, the ABA, at a 25% discount from the list price.
The textbook can be purchased as an eBook directly from the ABA at a 25% discount. The eBook is not available from the Law School bookstore at a discount.
The current discounted price of the hard copy from the ABA is $112.46 plus tax and shipping.
Students can order from the ABA by calling the ABA service center (800-285-2221, M-F 9am-6pm ET) or by ordering online. To order online, you will need to create a web store account: https://www.americanbar.org/products/inv/book/214908/
No discount code is needed to purchase from the ABA, but mention you are a student in Depositions with Professor Henry Hecht at UC Berkeley, School of Law.
You can also purchase the textbook in eBook format from LexisNexis at a 20% student discount plus free shipping, but only if you place your order directly order through Cherry Montes, Sales Account Manager – Print and Digital Solutions, Lexis Nexis. (Email:cherry.montes@lexisnexis.com; Direct Dial: 937-247-3252)
The current LexisNexis price information: List Price $149.95 - 20% student discount ($29.99) = $119.96 before tax.
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.
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Requirements Satisfaction:
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Exam Notes: (P) Final paper
(Subject to change by faculty member only through the first two weeks of instruction)
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
Price: $112.46
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.