Lesson 1: Deposition Preparation
1.0 Introduction to Deposition Preparation
1.1 Plan for the Deposition
Identify each witness to depose, the key testimony being sought, and the best time and place to conduct the deposition. Schedule and notice the deposition.
1.2 Prepare a Deposition Outline
Prepare an outline for deposing the witness.
Lesson 2: Witness Preparation
2.0 Introduction to Witness Preparation
2.1 Prepare the Witness for the Deposition Process
Get the witness comfortable with the deposition process.
2.2 Prepare the Witness to Give Effective Testimony
Ethically prepare a client or witness to give effective testimony to support your case.
Lesson 3: Deposition Techniques
3.0 Introduction to Deposition Techniques
3.1 Handle Housekeeping Matters
Ensure a clean deposition record, handle exhibits, and request transcripts.
3.2 Ask Background Questions
Ask appropriate background questions to build rapport and evaluate the witness.
3.3 Gather Facts with the Funnel Technique
Use the funnel technique to ask questions to discover unknown information and limit the scope of the witness's testimony.
3.4 Elicit Testimony That Supports Your Case
Ask questions that elicit responses that support your case and expose witness vulnerability.
Lesson 4: Objections
4.0 Introduction to Objections
4.1 Make and Respond to Objections
To ensure a clear record, make necessary and effective objections when defending a deposition and respond appropriately to objections when taking a deposition.
Lesson 5: Common Problems
5.0 Introduction to Common Problems
5.1 Deal with the Problem Witness
Identify potential solutions for responding to problems that might arise with a particular witness so you can achieve your goals for the deposition.
5.2 Deal with Difficult Opposing Counsel
Stay on track when confronted with an aggressive or otherwise unprofessional opposing counsel.
Lesson 6: Expert Depositions
6.0 Introduction to Expert Depositions
6.1 Prepare for an Expert Deposition
Research the expert’s credentials, review all discovery and records, and learn technical terms and principles to prepare for the expert’s deposition.
6.2 Prepare an Expert Witness for the Deposition
To prepare the expert, verify the expert’s understanding of the facts and your understanding of the expert’s opinion and all bases for it.
6.3 Take an Expert’s Deposition
Use specific questioning strategies for taking effective expert depositions.