Attacking the Liar’s “I Don’t Remember” – C11

Advanced Training in Depositions and Cross-Examination  Track

Session C: 2:15 p.m. – 3:15 p.m

About the Program

Whether at trial or in deposition, the “yes/no” question frequently constitutes a Scylla and Charybdis problem for the adverse witness because the “yes” response is a case-harming admission and the “no” response creates a risk of impeachment, maybe a BIG risk of a BIG impeachment. Thus, the willing-to-lie witness attempts to avoid Scylla and Charybdis by claiming, “I don’t remember,“…the all-time, every-case, toughest answer to prove a lie. This seminar teaches how best to attack that claim. 

This seminar is continued in D11. It is recommended to attend both seminars. 

 You Will Learn 

  • How to make an adverse deponent pick a chair: “Yes,” “No,” or “Maybe”  
  • “Rosetta Stone” Qs: dramatically define deponent’s “relationship” to “X”  
  • “Rosetta Stone” Qs: dramatically define the “limits” of deponent’s memory regarding “X  


Robert Musante, Robert Musante’s CLE Seminars, Walnut Creek, CA 

Robert Musante is the country’s foremost teacher of deposition cross-examination skills. On numerous occasions, he taught trial advocacy – and was a featured speaker – for N.I.T.A. and the Hastings College of Trial Advocacy. For 16 years, he was a lecturer at the University of California at  Berkeley,School of Law. As the creator and presenter of 9 nationally acclaimed seminars, he has taught the logic essential to taking great adverse depositions – of fact witnesses and experts alike – to more than 50,000 litigators in 43 states. He has made in-house presentations to the attorneys-general of 11 states and to the partners and associates of more than 100 litigation law firms. For more info, visit


CLE Credit: 1.0 Hours (CT: 1.0 General; NY: 1.0 Skills)