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There's one situation where you might want to consider breaking this rule.

Often, a "good answer" gets stuck in the middle of a winding, narrative answer. Usually, that answer contains information that we'd rather not hear again during trial. Unfortunately, we'll hear the -entire- answer during trial, because of the rule of completeness.

In those situations, it may be worthwhile to come back to the same issue much later in the deposition, so that you can "clean up" the impeachment point.

Here's how to do it. About 20 minutes later, simply state, "Let's make sure I've got this right..." and repeat the good answer.

Now your valuable impeachment material will stand alone on the page. This makes it easier to impeach the witness, while also reducing the chances that you'll be ordered to read in the witness's entire narrative answer.

I hope that's helpful.

Best wishes for success in your next trial,

Elliott Wilcox

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