Personal Injury Depositions - Hardcover
Personal Injury Depositions - Electronic
Pers.Inj.06[B] Common Elements in Personal
Prior to the deposition, counsel should carefully review the various
types of documents which might exist in a particular case and as to
which each deposition witness might have information.
Although discovery and inspection of documentary evidence, such
as books, records and diaries, should be thoroughly pursued before
depositions, in order to facilitate the examination of witnesses
concerning their content, some documentary evidence may not come to
light until the deposition actually takes place. Deposing counsel should
be prepared, in advance, to take full advantage of each deposition as an
opportunity to discover additional documentary evidence as to which
each deposition witness might have information.
With witnesses from large corporations and institutions, counsel
should inquire into any manuals, studies, committee reports,
evaluations, recommendations and other such formal and informal
documents as to which the witness may have knowledge.
Governmental witnesses may be similarly knowledgeable concerning
the rules, regulations and operating procedure documents which may
exist within their government department or unit.
Corporate and institutional witness should also be questioned
concerning any documentation spawned by government regulation.
Various government agencies, such as the Occupational Safety and
Health Administration, are responsible for enforcing government
standards by on-site inspection, the issuance of citations for violations
and other forms of reporting and examination. Counsel should ask the
witness whether any inspections and reports have been made,
especially when these reports may show prior notice of a defective
condition where proof of such notice is prerequisite to the
establishment of liability.
Copies of the reports and notices prepared by investigative bodies
are often easier to obtain from the party being deposed than from the
agency itself, although, for purposes of admissibility, a certified copy
of the record may have to be obtained from the agency.
Pers.Inj.06[B] Common Elements in Personal Injury Depositions
FORM NO. 6: Action Seeking Recovery of Business Losses
from Personal Injury
--Examination of Plaintiff
FORM NO. 7: Action for Electrical Injuries
--Examination of Defendant
FORM NO. 8: Injury Caused by Overdosage of Prescribed
Medication--Examination of Defendant
FORM NOS. 9-10: [Reserved]
John Nichols is a 1964 graduate of Rice University and a 1967 graduate from the University of Houston College of Law. His legal career has been dedicated to trial work, with special emphasis on family law, personal injury law, and general civil trial litigation. He holds certifications from the Texas Board of Legal Specialization in Family Law, Personal Injury Law and Civil Trial Law.
Mr. Nichols is also certified by the National Board of Trial Advocacy in Civil Trial Law and has been honored by several national publications, including the "Best Lawyers in America," for his work. In 2003, his peers named him one of Texas' "Super Lawyers," signifying his standing as among the best in the legal profession. He has published over 100 articles and given more than 150 lectures and seminars on topics relating to family law, torts, juries, trial preparation, ethics, professional responsibility, fraud, business litigation, and more. With Joe Phillips, he authors the treatise Family Law Depositions, also published by Juris,
Joe Phillips graduated in 1984 from the University of California-Berkeley’s School of Law (Boalt Hall). He also holds a Master's Degree from the University of Chicago. His legal practice has focused on litigation and involved family law, complex product liability cases, class actions, constitutional law, commercial law, insurance bad faith claims, consumer protection law, and maritime/aviation law. He has authored law review and continuing legal education articles and an extensive book chapter on tort liability. With John Nichols, he authors the treatise Family Law Depositions, also published by Juris. He currently teaches a general law course at the university level.