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Understanding Depositions: A Guide for Navigating Legal Processes

This guide outlines the critical elements of depositions in legal matters, particularly in cases involving the DENR. It offers a timeline from petition to hearing, emphasizing the lengthy appeals process, and describes the different types of depositions, including individual and agency subpoenas. Key tips for preparation and effective testimony, such as the importance of clarity, truthfulness, and composure, are highlighted. The guide also includes practical advice for negotiating and understanding the deposition process, ensuring you are well-prepared for any legal proceeding.

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Understanding Depositions: A Guide for Navigating Legal Processes

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Presentation Transcript

  1. Legal Issues: Depositions Mary Penny Thompson DENR General Counsel

  2. Case Timeline(with no extensions) • From Petition to Hearing 5 months • From Hearing to FAD 10 months • Appeals process Years

  3. Types of Depositions • 1. Individual • 2. Agency

  4. Subpoenas • Who Issues One? • What Does It Require? • When Does It Arrive? • Where Is It Served? • Why me? • Bonus: Who do you call? • Double Bonus: How can I negotiate?

  5. Preparation • Materials • Attorney • Opposing Counsel • Judge • Objections • Top Ten Tips

  6. Top Ten Tips 1. Truth = Knowledge

  7. Top Ten Tips 2. Stop, Listen and Think

  8. Top Ten Tips 3. Look at Documents

  9. Top Ten Tips 4. Clarify the Context of Conversations

  10. Top Ten Tips 5. Summarize First

  11. Top Ten Tips 6. Never Characterize Your Testimony

  12. Top Ten Tips 7. Be Cool

  13. Top Ten Tips As I said before... 8. Stick to Your Answer

  14. Top Ten Tips 9. Beware the After Lunch or Late Afternoon Let Down

  15. Top Ten Tips 10. Do Not Expect to Testify Without the Other Side Scoring Points

  16. Top Ten Tips • Truth = Knowledge • Stop, Listen and Think • Look at Documents • Clarify the Context of Conversations • Summarize First • Never Characterize Your Testimony • Be Cool • Stick to Your Answer • Beware the After Lunch or Late Afternoon Let Down • Do Not Expect to Testify Without the Other Side Scoring Points

  17. Post Mortem Correction • Redirect • Transcript Review • Other Testimony • Affidavit

  18. Mary Penny Thompson DENR General Counsel (919) 715-0691 mary.p.thompson@ncdenr.gov

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