In this article, Dr. Frederick David Graves, JD gives another installment on what evidence is and how to use it. Now this one is really a bit of a mix with hard-sell on getting your own copy. But I wanted to bring this to you (it’s out of his newsletter) so you could see for yourself the data. Now, a lot of what he covers is on his site (as linked) so you can make up your own mind. To take advantage of his quarter-century of experience is a smart move IMHO…
Today I give you a few tips on "depositions" from my increasingly popular Jurisdictionary course. These tips are no substitute for owning the course and studying its powerful content thoroughly, but this will give you an idea how valuable my course is for those who want to win.
Depositions are your opportunity to put witnesses under oath before trial and ask questions that go beyond the tight restrictions of the rules of evidence!
My course has forms for giving notice to the other side that you intend to take someone's deposition, where and when you intend to do so, etc.
I had some difficult witnesses a while back for whom it was necessary to take their deposition in front of a judge with a handful of armed bailiffs in the courtroom to keep everyone under control, but that's rare! Most often you'll schedule time at a court reporter's office. If a witness is unable to attend, the court reporter may travel to take the deposition at a hospital, for example, or someone's home or business. If the witness is at a great distance, you may have to hire a court reporter where the witness lives and take the deposition by telephone.
Either way, the process of taking depositions is simply one of putting a witness under oath in the presence of a court reporter (who administers the oath and records all that's asked and answered) and your opponent (who may also ask questions).
Everything said goes on "the record". If your opponent's lawyer gets out of control, simply state, "Let the record reflect that opposing counsel is screaming at my witness." That will put a stop to the games!
If you schedule a witness for "deposition duces tecum", you can require them to bring certain documents or things you list in the notice. Then you can question them about those documents and things. Forms are in my course.
You have effective due process power in America!
The challenge for you (and everyone else seeking justice in our courts) is your willingness to learn how to use that power by spending 24 hours studying my course!
Too many complain their rights are being violated, while those same people refuse to learn how to use the power of due process and its rules to overcome their opponent, control the court, and force judges to grant them justice! Such people spend too much time complaining and too little time learning! Because they do not know the rules or how to use them effectively, they lose ... needlessly!
You can win once you know what it takes to win!
Knowing how and when to take depositions gives you an advantage over your opponent.
Most lawyers take depositions too early! They waste valuable time asking questions about irrelevant facts that cannot possibly help prove the "elements" of their case or disprove the "elements" of their opponent's case. They make more money wasting time. You cannot afford to waste time or money!
The problem is two-fold:
- Taking depositions too early, and
- Not knowing the "elements" of the case.
Depositions can be the most effective tool to devastate your opponent and win in court with critical evidence you cannot get any other way before trial, but if you don't yet understand the "elements" and how to use depositions to get at those "elements", taking depositions can actually hurt your chances for winning, instead of helping you.
Except in the most extreme circumstances, you only get one bite at the deposition apple, so if you don't prepare in advance and concentrate on questions that go after the "elements" of your case (explained in my Jurisdictionary course), you weaken your case by taking depositions too early, instead of first using the three discovery tools I told you a little bit about in the previous three Tips & Tactics.
- Requests for Admissions,
- Requests for Production, and
- Interrogatories.
In my 25 years of experience as a case-winning lawyer, I found it was common for lawyers to schedule depositions long before they had any real handle on what the case was about! I believe they did this because they were lazy, or stupid, or just wanted to bill some easy hours sitting in a court reporter's office asking random questions, instead of digging for the "elements" and winning for their clients.
Lawsuits are about "elements" ... elements that must be pieced together according to an easy-to-learn process that gets justice for those who learn what my popular Jurisdictionary course explains. If one does not understand the "elements" of a case (those of his own position and those of his opponent's position) he's lost before he begins!
Never take depositions until you know the elements!
Remember: Lawyers get paid for their time. The more time they can spend on a case, the more money they make. Using hours of billable time taking depositions is a good thing for lawyers. It is not a good thing for you!
Depositions should be a "go in, ask questions to get only the facts that prove or disprove the elements, and quit".
But, what are the element facts you need?
If you don't understand the "elements" of your case and those of your opponent's case, you don't know what questions to ask at a deposition ... so you waste valuable time and waste what can be the most powerful tool in your arsenal of getting at the evidence.
There's much more to it than I can tell in Tips & Tactics, of course, so you need to order my popular, case-winning, 4-CD, affordable, step-by-step, 24-hour Jurisdictionary course everyone is talking about ... and start winning today!
Use depositions effectively - at the right time!
Both plaintiffs and defendants can use them to force witnesses to testify under oath before trial and even answer questions that cannot be asked at trial.
With such a powerful tool to use to win your case, why not learn how to use it effectively?
Order my 4-CD, step-by-step, 24-hour official course, and empower yourself with Jurisdictionary know-how.
Order NOW, if you don't already have my course. And, if you do have my course, tell everyone to order it so they can start winning, instead of losing and complaining.
My official Jurisdictionary course explains depositions and all five of your evidence-getting discovery tools along with pleadings, proof, motions, legal research, courtroom objections, and much, much more: all in an easy-to-learn format people tell us an average 8th grader can learn in just 24 hours, understand, and use.
That's why my course is so amazingly popular!
Chances are someone told you about the course and encouraged you to visit my website.
Listen at www.RuleOfLawRadio.com (or local radio station) Monday 7-9 p.m. EST for Jurisdictionary "God, Government, and the Gospel Mystery". You can even call-in with questions or comments!
Be clever. Think through the elements of your position (plaintiff or defendant) and sort out the essential facts you need to prove from those you don't need to prove.
If you don't know what the "elements" of your case are, or you don't know what the "elements" of your opponent's case are, then STOP NOW AND LEARN WHILE YOU HAVE TIME TO LEARN AND NOT LOSE!
The details are explained in my course, of course.
If you think you can waltz into court with some legal argument and no admissible evidence to back up your argument (instead of doing things the way I explain in my popular course) you'll be sadly disappointed when you lose ... unnecessarily.
YOU MUST LEARN THE ELEMENTS!
Taking depositions (or doing anything else in your case) before you understand the "elements", is plain stupid. The key to winning is knowing the "elements". Then you know what evidence you need to get.
My course shows you how to identify the elements and how to get the evidence to prove them (or disprove those of your opponents).
For very little money and about 24 hours of your time, you can know what it takes to control crooked lawyers and get your evidence admitted so you can WIN!
You are entitled to get evidence into the court record! Rule 26 Federal Rules of Civil Procedure requires disclosure, as do all state courts.
Why be hoodwinked or caught behind an 8-ball by your lack of knowledge about the rules, the elements, and how to get evidence to prove the elements?
Get my official Jurisdictionary course now (if you aren't one of the thousands of winners who already have its case-winning power.
What you seek with all five (5) of your discovery tools (explained fully in my affordable Jurisdictionary course) is evidence in support of ultimate facts that tend to prove the allegations of your position and disprove those of your opponent ... nothing more, please!
Don't let lawyers trick you!
You have an unchallengeable right to get evidence that tends to prove the elements of your case and to disprove the elements of your opponent's case.
Everything else is a waste of time!
Evidence + Legal Authority = Victory in Court!
But, if you don't know how to get evidence, you lose!
If you don't understand how and when to use your five discovery tools (especially depositions) you cannot win!
Learning all this is easy with my popular, affordable, 24-hour, step-by-step, case-winning, official Jurisdictionary course. If you don't already have my course, NOW is the time to order and start learning how to avoid legal trickery so you can win your case and overcome your opponents using official rules ... instead of internet legal mythology!
You cannot win if you don't know how to get evidence into the record using your five discovery tools and what I teach you about how to overcome crooked lawyers!
Clever argument is not enough.
Arguing "your rights" were violated is not enough.
Complaining about the Constitution is not enough.
Those who haven't yet learned how to get evidence go to court with the idea they "already have all the evidence they need". I hear this over and over again. People think because they have a copy of a document or photograph or audio recording that they're sure to win. Then, when they get to trial (when it's too late to do any more discovery) they "discover" all the stuff they thought was "evidence" is inadmissible at trial!
Why lose when it's so easy to learn how to win?
Everyone is talking about Jurisdictionary.
People tell their friends.
People promote it on their websites.
People talk about it on social networking sites.
People blog about it and praise its power in emails.
Why?
Because Jurisdictionary works!
That's why!
Don't be left holding an empty evidence bag!
The decision to win is a decision to learn how to win!
Winners know how to get evidence!
My 25 years as a case-winning lawyer licensed in state and federal courts has shown me this.
Evidence wins lawsuits!
If you don't know how to "get it", you cannot win!
My Jurisdictionary course will show you much more about how to effectively use all your five discovery tools to get case-winning evidence into the record and force your opponent to stop "hiding the ball"!
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