Evidence-Deposition Seminar Overview

Below is a summary of the Evidence and Deposition Seminar. To see a Table of Contents for the Videos, click here. To go straight to the videos, click here.

Evidence and Deposition Seminar Overview

This approximately 12 hours of video was recorded during Max Gardner’s live Evidence and Deposition Seminar in the fall of 2012.  In addition to Max and Judge F. Donald Bridges, the event featured demonstrations and critiques from three of the Boot Camp’s most successful graduates: Mark Malone, Thad Bartholow and Linda Tirelli.

Content Overview

Evidence Overview – Judge Bridges:

The seminar opens with a detailed evidence presentation by Judge Bridges.  For those who have attended past Boot Camps some of this material (and the jokes) will be familiar, but some additional information and discussion has been added for this event.

The discussion includes advice on how to courteously educate your judge, preparation, tracking of exhibits, the most effective presentation for objections, authentication, leading questions, judicial notice and admissions, business records, expert testimony, trial depositions and more.

Vignette # 1: 

With Judge Bridges presiding, Max appears seeking to quash a subpoena to a third party witness.  He and debtors’ attorney Linda Tirelli argue standing and jurisdictional issues.

Vignette # 2:

The same case described in Vignette # 1 is escalated and Thad Bartholow and Mark Malone argue standing, business records issues and what constitutes an “other qualified person” for purposes of introducing those records.  After commentary from the Judge and attorneys on this scenario, it’s replayed to address issues not raised during the first run-through, including MERS and the use of an expert witness on securitization.

Day 1 Wrap Up:

Day 1 closes with a discussion of resources for researching the note and Q & A

Deposition Overview: 

Day 2 opens with a deposition overview, including preparation for the deposition, video-taping versus transcripts (or both), back-up recording, objections, the mechanics of the deposition and “must ask” questions.

Vignette # 3:

Thad attempts to depose a witness, but Max as opposing counsel makes it impossible for him to proceed.  The focus of the scenario is on management of the deposition, dealing with opposing counsel, when to contact the judge, getting non-verbal conduct on the record and remedies for OC obstruction.

Vignette # 4: 

Linda begins a deposition of a “professional witness,” but as soon as she begins to draw out his status, opposing counsel interrupts and then calls the deposition off.  The attorneys discuss management of this situation and how to ensure that you get the witness you want once he’s left the room.