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3d Cir 9th Cir addition admissibility advisory committee's note amended answer ask the witness attorney-client privilege Blake Blake's Business-Aide Chapter client Corp court reporter cross-examination defender depo deponent deposed deposition testimony deposition transcript disclosure discovery discussing district docu documents employee evidence examination example Exhibit facts Federal Rules foundation FRCP 26 impeachment instruction issue jury lawyer Leslie Roberts litigation meeting ment Model Rules motion to compel N.D. Cal ness nonverbal nonverbal communication notice objection opinion opposing counsel osition party party's perjury person preparation session protective order ques questions reason recall record recorded recollection relevant request response Rules of Professional sanctions Scoops sition statement stipulation subpoena supra note taker testi testify tion trial U.S. Dist videotaped deposition waived witness preparation witness's witness's testimony work-product work-product doctrine