Episode 172: Second-Order Knowledge Examinations

About this episode

Jim discusses the importance of second-order examinations in understanding witness knowledge during depositions.

In this episode, Jim talks about the value of "second-order" examinations - asking deponents not only what they know, but what others know (and what others know that still others know, which is a form of third-order knowledge). It's an incredibly valuable tool for ensuring you fully understand the actors, documents, and events in your cases. Garrity explains why witnesses will talk more freely about what others know than about what they themselves know, and wraps up with practice tips for litigators who are either taking - or defending against - second-order knowledge examinations. As always, thanks for listening!

People in this episode

Host: Jim Garrity

Topics covered

• second-order knowledge
• depositions
• litigation strategies
• witness examination
• legal education

Keywords

• second-order knowledge
• depositions
• litigators
• witnesses
• legal strategy
• examinations

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• Episode 169: Examination Techniques, Part 2: Irving Younger's Ten Commandments of Cross-Examination · March 31, 2026 · 12 min
• Episode 168: Examination Techniques, Part 1: The Pozner-Dodd Technique · March 2, 2026 · 15 min
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