SAN FRANCISCO STATE UNIVERSITY                                      SPRING 2008

DEPARTMENT OF GEOSCIENCES                                               METR 485/785

 

 

Deposition:  Part 1 --  Rehearsal Ð CCM Question #1

 

April 4, 2008

 

Attorneys in any case are entitled to learn of all the information which will be considered in the case.  When the attorney representing the "other side" requests to be appraised of all the information which you have gathered, he or she DEPOSES you.  The process of determination is called a DEPOSITION.

 

In a deposition, you are required to bring all materials, including letters, reports, rough copies of figures etc. with you.  You must honestly attempt to provide the opposing counsel with as much information as he or she requires.  However, you are NOT expected to volunteer information.  Only answer the question asked of you directly, usually with a "yes", "no" or "I don't know".  Give clarifications or extended answers only when directed to.

 

In addition, a deposition is a legal proceeding.  Attorneys for both parties will be present, as well as a Court Reporter.  Usually, you are requested to pause before attempting to answer a question to allow any objections to the question to be considered and to allow the Court Reporter a chance to "catch up".

 

Remember that you are the expert.  The attorneys do research the case very well, but they will never be as familiar with meteorological concepts as you.  Excessive timidity, quibbling or bumbling on your part will result in opposing counsel to "go after you" as if he or she were a shark in a feeding frenzy.  On the other hand, curb your frustration or anger.  Don't whine about the proceeding as if it were a waste of your time.  You are being paid!

 

We will do a group deposition of the individuals taking the class as Metr 485 on Friday  11 April 2008 with respect to their opinions for the CCM Question #1.  I will ask each of you to act as opposing counsel (ask relevant and, sometimes, obnoxious questions).

 

Later on in the semester, we will do another set of depositions, this time with respect to the Reiter v. Trough Tool Co. case.  More on that another time.