"Retreat to the Boundary of the Rules": Resurrecting Professionalism in Depositions and the Implications of Gamesmanship for Kansas Practitioners

“Something is rotten, but contrary to Marcellus’s suggestion to Horatio, it’s not in Denmark.” 1 Deposition practice, in Kansas and elsewhere, plays an important role that generally facilitates early and less-expensive resolution of disputes. 2 As one of the most essential elements of discovery, depositions are intended to enable the free flow of information between the parties. 3 The reality that more than ninety percent of civil cases filed in both federal and state courts are resolved outside the courtroom highlights the tremendous importance that factfinding depositions serve. 4 This not-so-new reality is the fuel that fires many discovery disputes and hampers the flow of information––“now