By Robert A. Smith, Smith Wade LLC
I have had the privilege of participating in over 500 mediations regarding civil matters. One item that comes up from time to time is th issues raised in certain contentious depositions which have not yet been resolved. These are issues that might be resolved after mediation if the case doesn't settle at mediation. These issues might be resolved by way of a court order, or be addressed at trial should the matter go to jury trial. Take a look at this ABA article, which is an excellent overview of what steps an attorney should take and should not take if he/she believes the questioning has stepped over the reasonable boundary lines of civility and rules. It also alternatively demonstrates the opposing counsel's remedy should they decide to take the issue to court. Enjoy!
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