Mark Kosieradzki

Saturday, October 30th, 2021 // From 1:30pm to 5:00pm

Subject: Cutting Thorough Obstruction

3 hr Lecture


Mark Kosieradzki. Minneapolis, MN,  is a nationally recognized trial lawyer.  During his 42-year career, Mark has joined trial teams throughout the country in a wide variety of wrongful death and catastrophic injury cases, including malpractice, bad faith, construction injuries, nursing home abuse, interstate trucking crashes, and products liability.


CNN featured Mark’s work on sexual abuse in nursing homes. 

The Minneapolis Star-Tribune described him as “one of the nation’s most feared elder abuse litigators.”   His landmark civil rights case on behalf of an incarcerated woman resulted in the application of section 1983 protections to detainees. 


Mark is recognized in “Best Lawyers in America” and is certified as a Civil Trial Specialist.


Known as one of the country’s leading authorities on deposition technique, strategy, and law, Mark has published the hornbooks for depositions: 30(B)(6): Deposing Corporations, Organizations & the Government 2nd ed. and Deposition Obstruction: Breaking Through.  


When Mark turned 50, he had a midlife crisis and started playing the blues harmonica. At 63 he took up salsa dancing in Havana. At 66 he rode a bicycle the length of Puglia, Italy.

Lecture Details

Cases are won or lost on the evidence.  Therefore, our adversaries do everything in their power to prevent us from getting evidence.  This program is designed to arm you with the tools you need to get that evidence.  The tools to cut through obstruction. 


The Rules of Professional Conduct and the Rules of Civil Procedure create personal duties on attorneys crafting and responding to disclosure and discovery. Those duties are often unknown or disregarded.  Failure to comply with the duties can expose an attorney to personal sanctions.  This program will arm the participants with the jurisprudence to fully understand the rules of engagement in discovery and how to hold the obstructionist accountable.


Hour 1: Rules of Engagement (should be eligible for 1 hr of ethics credit)

The Attorney’s Personal Responsibilities in Responding to Discovery

Rules of Professional Conduct Requirements

Rule 26(g) Duties and Sanctions


Boilerplate Objections: Understanding the Jurisprudence

Pre-emptory objections

Boilerplate Objections

Reserved Objection

Qualified Objections

Disclosure without waiving

Objection, nothing withheld

False /misleading responses




Hour 2: Managing the Obstruction

Managing the process of resolving each objection is a logistical nightmare. Many lawyers do not want to invest the time and effort to fight the specious objections. They find it overwhelming. As a result, they succumb to their adversary’s strategy of obstruction and don’t get the information they need for their case. 


You don’t need to give up.  The process can be made manageable by using a project management Excel spreadsheet methodology to ensure that you are keeping track of the disputes, as well as showing the court that you are professionally trying to resolve the dispute


Using 30(b)(6) to cut through the obstruction

By understanding how Rule 30(b)(6) interfaces with Rule 26 (g) you can use Designee Depositions to:

Preempting the objection to your written discovery 

Forcing Positions

Binding your adversary on every element of your case

Neutralize or limit the defense in the case


Rule 37 conferment standards

Courts are increasingly requiring a detailed reporting of the efforts to resolve the dispute before considering the discovery motion


Obstruction Management Spreadsheet 

How to design an Excel spreadsheet to track the requests, the relevance of the request, the objections, your legal/factual response to the objection, a field for the opposition to withdraw their objection, and fields for the court to overrule or sustain the objection. 


How to use the spreadsheet to make it easy for you and easier for the Judge


Hour 3: 

Dealing with the Deposition Obstructionist  (should be eligible for 1 hr of ethics credit)

Obstructive interference during depositions is a strategy used to disrupt your ability to develop a record.  It is prohibited by both the Rules of Ethics and the Rules of Civil Procedure, yet it is commonplace.  This hour will provide you with the Rules of Engagement for depositions as well as an alternative strategy, that has been proven to be effective, in limiting obstructive behavior.


Not only will it empower you to take control of the deposition, but it will also bring the temperature down and elevate you as a professional before your adversary and the Court.


This hour will arm you with the Rules of Professional Conduct, the Rules of Civil Procedure, and the applicable case law establishing what is and is not permissible at depositions.

  • What is the prohibited conduct?
  • What Objections are and are not permissible?
  • How to build a record?
  • What not to do when dealing with an obstructionist.
  • Solutions to Obstruction
  • Motions for Sanctions and deposition protocol