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Agreed about video, if possible. Otherwise, be relentlessly boring. No argument. No visible irritation. "Objection noted." "You can answer." Build a clean record for yourself. Take 5 minutes if you need to compose yourself. The more emotional energy they spend and the less you spend, the worse they look on the record. Also, lawyers who use this tactic often are over compensating for their clients and trying to get the examination derailed and possibly cut short so they get more time to prepare their client. If objections or witness instructions get excessive, calmly advise counsel you will be going off the record for a few minutes to evaluate whether court intervention is necessary. Often that deters behavior, especially with someone who now has to explain eye rolls to a judge. If the deposition is not video taped, state what they are doing for the record so their actions are preserved, not just their words.
Agree, except depending on the obnoxious OC, I’ve had success calling them out on their behavior in the moment and even raising my voice, essentially challenging them, and sometimes they’ll shut up after that. Of course, I have to be 100% sure that I’m following the rules and understand why what they’re doing is incorrect. For example, “why are you smirking/laughing?” I phrase it so that the records demonstrates the bad thing they’re doing and puts them in the awkward position of explaining their behavior. The downside of this is that it can waste time, which may be why they’re doing it in the first place. With annoying speaking objections, I tell them calmly over and over to please limit your objections to whatever is required by the rules, and once I lose my patience I’ll go into it about speaking objections and coaching the witness, so the attorney stops testifying. One specific OC will only stop doing that once I yell at him (which happens at least once every depo with him). Then he hangs his head like a reprimanded puppy haha.
Videotape the deposition. Lots of people will change the way they act when they know a judge can actually see what they’re doing at a depo.
Chief
Don’t try to argue or get them to agree. It doesn’t work (only negotiate with opponents acting in good faith) and plays into their schtick- which is to derail you.
Casually lay your Glock on the conference room table in front of you.
Chief
And tell them you “keeps one in the chamber, ‘case you ponderin’”
Pretend that you are a straight face rock.