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(On Demand) Subpoenas and Deposition Testimony: An Overview for Practitioners

Featuring Daniel O. Taube, J.D., Ph.D.

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CE Hours: 1.5


Presented by The Trust and The Trust Practice and Risk Management Association (TrustPARMA)


Webinar Description

This presentation will involve a discussion of the civil discovery process and review for participants how discovery occurs in a civil lawsuit. Examples of interrogatories, and records and deposition subpoenas will be provided, and the distinction between formal court orders and subpoenas will be reviewed. Professional roles in these types of legal proceedings—that is, fact witness, expert witness and “treating expert” --will be articulated. The focus of this particular presentation as regards deposition testimony will be on fact and treating expert roles (as opposed to when psychologists are retained as expert witnesses). Examples of the types of subpoenas one might receive, possible responses, and aspects of asserting or waiving a privilege will be reviewed. The role in California of the “Notice to Consumer” in subpoenas will also be discussed, as will its impact on privilege. We will further explore the deposition process, and the practical aspects of meeting challenges in that context. These will include ethical and practical dimensions of protecting treatment relationships, whether the professional can receive payment for professional services as a non-retained expert, and the primary role of fact witnesses and treating experts (as opposed to retained experts). This session will also address pacing and objections, and responding to ad hominem attacks. Video and actual case examples will be used to further articulate and expand on methods practitioners can use to competently engage in such proceedings.


Learning Objectives

After attending this presentation participants will be able to:

  • Identify two distinct types of subpoenas in civil cases.
  • Explain the distinction between court orders and subpoenas.
  • Describe four methods of coping effectively with deposition testimony.

Important Notice:

Because this webinar is on-demand, once you are registered and have created a login account, you can view the webinar at any time in whatever time increments are most convenient. However, APA rules require that in order to download your CE certificate, receive CE credits, and become eligible for a discount on your Trust Sponsored Professional Liability Insurance policy premium, you must:

  • Complete the entire webinar,
  • Pass a brief exam, and,
  • Complete a brief evaluation form.

Eligibility for Insurance Premium Discounts:

  • Unless otherwise noted, you can combine 6 or more CE credit hours earned from The Trust’s webinars and become eligible for a 10% savings on your Trust Sponsored Professional Liability Insurance premium for one renewal.
  • You can also combine 4 or more CE credit hours earned from The Trust’s webinars or any other continuing education programs authorized by APA to offer CE credit and become eligible for a 5% savings on your Trust Sponsored Professional Liability Insurance premium for one renewal.
  • To obtain CE discounts, download and submit CE certificates (totaling 4 or 6 hours as explained above and completed within the previous 15 months) with your insurance application/renewal.
  • Discounts are not applicable to Researcher/Academician or Student policies.
  • Group policies become eligible for CE discounts when at least 50% of individuals insured under the group policy submit CE certification totaling the number of credits needed for a particular percentage discount.
  • All applications are individually underwritten and submission of CE certification will not guarantee insurance policy issuance or renewal.

Continuing Education Credits

Subpoenas and Deposition Testimony: An Overview for Practitioners is sponsored by The Trust and TrustPARMA. The Trust is approved by the American Psychological Association to sponsor continuing education for psychologists. The Trust maintains responsibility for this program and its content.


Continuing Education Grievance Policy

The Trust is fully committed to conducting all activities in strict conformance with the American Psychological Association's Ethical Principles of Psychologists. The Trust will comply with all legal and ethical guidelines for non-discrimination in promotional activities, program content, and in the treatment of CE participants. The Trust CE Director is responsible for complying with these standards. 

While the Trust strives to assure fair treatment for all participants and to anticipate problems before they occur, occasionally grievances may be filed. In cases where a participant files a written or oral grievance, the following actions are taken: 

  • If the grievance concerns the content of the workshop, webinar, book or the continuing education test, a Trust representative will mediate and will be the final arbitrator. If the participant requests action, the CE Director or a Trust representative will either provide a credit for a subsequent CE offering or provide a partial or full refund of the CE fee already paid.
  • Actions involving a credit or a refund will require a written note documenting the grievance for record keeping purposes. The aggrieved individual need not sign the note. If the grievance specifically concerns The Trust, the CE Director or Trust representative will attempt to arbitrate. 

Direct correspondence to:

Continuing Education
The Trust
111 Rockville Pike, Suite 700
Rockville, MD 20850
Phone: (800) 477-1200

Email: grievances@trustinsurance.com


Produced By:

The Trust