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How to Take Exceptional Depositions

Video Depositions

Louisiana Association for JusticeOctober 9, 2014

Robert E. Kleinpeter

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An Important Legal Equation

E + L = V

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EVIDENCE

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Jury Instruction

A following motorist who rear ends the vehicle in front of him is presumed to breach the standard of care set forth in La. R.S. § 32:81.

To avoid liability, the burden of proof is on the rear-ending motorist to show that he kept his vehicle under control, watched the vehicle in front of him closely, and kept a safe distance, or that the lead driver created a hazard which he could not reasonably avoid. 

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• Show an affirmative defense is baseless

• File or defeat motions

• Support your expert’s

conclusions

• Support your client’s harms and

losses

• Address juror biases

Written Case Discovery Plan

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1.Care

2.Fairness

3.Authority

4.Sanctity

5.Loyalty

Moral Foundations - Positive

MoralFoundations.org

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1.Harm

2.Cheating

3.Subversion

4.Degradatio

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5.Betrayal

Moral Foundations - Negative

MoralFoundations.org

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1. Personal Responsibility (Accountability)

2. Suspicion

3. Anti-Plaintiff

4. Victimization

5. Stuff Happens

Five Juror Biases –The Jury Bias Model

Greg Cusimano and David Wenner

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• Facial expressions

• Body movement

• Posture

Why Use Video Depositions

• Gestures

• Eye contact

• Voice

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