tag:blogger.com,1999:blog-7093232796147084887.post7500928140731002951..comments2023-11-25T08:07:39.230-05:00Comments on ADVICE FOR THE YOUNG LAWYER: Preparing Your Client for DepositionFrank Ramoshttp://www.blogger.com/profile/10763730874966012520noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-7093232796147084887.post-4370876312574786102022-03-12T23:27:17.766-05:002022-03-12T23:27:17.766-05:00Thank yoou for writing thisThank yoou for writing thisMadison Harveyhttps://www.madisonharvey.com/noreply@blogger.comtag:blogger.com,1999:blog-7093232796147084887.post-88148702883243414852022-02-27T20:47:02.052-05:002022-02-27T20:47:02.052-05:00Thank you for being you. Thank you for being you. Madison Harveyhttps://www.madisonharvey.com/noreply@blogger.comtag:blogger.com,1999:blog-7093232796147084887.post-39170270624881143892018-10-18T07:05:21.081-04:002018-10-18T07:05:21.081-04:00Perfectly indited content , thanks for select...Perfectly indited content , thanks for selective information . <a href="https://www.gpwlaw-mi.com/mesotheliomalawfirm" rel="nofollow">GPW Law</a><br />Expertieshttps://www.blogger.com/profile/14670498890591374773noreply@blogger.comtag:blogger.com,1999:blog-7093232796147084887.post-80605480069667424692018-10-18T07:05:14.806-04:002018-10-18T07:05:14.806-04:00Good post. I previousally to spend alot of my time...Good post. I previousally to spend alot of my time water skiing and watching sports. It was quite possible the best sequence of my past and your content kind of reminded me of that period of my life. Cheers <a href="https://www.eliaandponto.com/michigan-auto-accident-lawyer/" rel="nofollow">https://www.eliaandponto.com/michigan-auto-accident-lawyer/</a><br />Expertieshttps://www.blogger.com/profile/14670498890591374773noreply@blogger.comtag:blogger.com,1999:blog-7093232796147084887.post-27843996780747450792008-03-03T00:07:00.000-05:002008-03-03T00:07:00.000-05:00Frank, you might want to see Vita-Mix Corp. v. Bas...Frank, you might want to see Vita-Mix Corp. v. Basic Holdings, Inc., 2008 WL 495781, where the Court directed a party employee witness to produce all documents looked at to refresh his recollection. The court said ""it would be unfair to expect [plaintiff's attorney] to be able to adequately cross-examine Mr. Daniels without knowing which documents refreshed his recollection and formed the basis for the corporation's knowledge on certain matters." <BR/>This case is mention and discussed at EvidenceProf Blog: http://lawprofessors.typepad.com/evidenceprof/Unknownhttps://www.blogger.com/profile/17738827609990777973noreply@blogger.comtag:blogger.com,1999:blog-7093232796147084887.post-4186928537251737092008-02-12T00:28:00.000-05:002008-02-12T00:28:00.000-05:00I believe the privilege can be lost regardless of ...I believe the privilege can be lost regardless of whether the witness is a party or not. See F.R.E. Rule 612. Writing Used to Refresh Memory, which provides that:<BR/><BR/>"Except as otherwise provided in criminal proceedings by section 3500 of title 18, United States Code, if a witness uses a writing to refresh memory for the purpose of testifying, either--<BR/><BR/>(1) while testifying, or<BR/>(2) before testifying, if the court in its discretion determines it is necessary in the interests of justice,<BR/><BR/>an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this rule, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial."<BR/><BR/><BR/>It has been my experience that the documents will be directed to be produced regardless of when the document is shown to the witness.Unknownhttps://www.blogger.com/profile/17738827609990777973noreply@blogger.comtag:blogger.com,1999:blog-7093232796147084887.post-54476494869358346322008-02-11T22:42:00.000-05:002008-02-11T22:42:00.000-05:00Very good point. My comments are largely directed...Very good point. My comments are largely directed to preparing one's clients. If a generic witness, then the privilege would be lost.<BR/><BR/>Thanks for posting.Frank Ramoshttps://www.blogger.com/profile/10763730874966012520noreply@blogger.comtag:blogger.com,1999:blog-7093232796147084887.post-59521325799749834652008-02-09T17:48:00.000-05:002008-02-09T17:48:00.000-05:00As privileged documents shown to a witness to prep...As privileged documents shown to a witness to prepare for deposition may lose their privilege and become discoverable, one must be careful what is shown to the witness in the preparation.Unknownhttps://www.blogger.com/profile/17738827609990777973noreply@blogger.com