246.3 sec. 001 - Depositions (Fall 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
From August 22, 2023
To November 21, 2023
Course End: November 21, 2023
Class Number: 31600
Enrollment info:
Enrolled: 17
Waitlisted: 0
Enroll Limit: 18
As of: 02/07 02:03 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.
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, August 25, 2023, the last day of the first full week of fall semester classes.
If you have any questions, please contact Professor Hecht by email (hhecht@law.berkeley.edu).
Required Texts/Course Materials:
Hecht, Effective Depositions 2nd ed. (ABA 2010)
A hard copy of Effective Depositions, the required textbook for the course, can be purchased from either the Law School bookstore at a 25% discount or directly from the publisher, the American Bar Association (ABA), at a 30% discount from the list price of $149.95. (The discounted price of a hard copy from the Law School Bookstore is $112.46 plus tax; the discounted price of a hard copy from the ABA is $104.97 plus tax and shipping.)
The textbook can also be purchased as an eBook directly from the ABA at a 30% discount. (The Law School Bookstore is currently trying to determine if it can provide an eBook.) You can order either a hard copy or an eBook from the ABA at a 30% discount by using the code EFFDEP30. This code can be used either online or by phone when ordering the print or eBook edition. The discount code will be effective through Friday, September 8, 2023. 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/
You can also purchase Effective Depositions in eBook format from LexisNexis at a 25% discount, but only if you place your order directly through Cherry Montes, Sales Account Manager - Print and Digital Solutions, Lexis Nexis. (Email: cherry.montes@lexisnexis.com; Direct Dial: 937-247-3252). The LexisNexis price for the eBook edition is $112.46 before taxes.
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
e-Book procurement note: available from the publisher, the American Bar Association, and from LexisNexis
Price: $112.46
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.