Taking & Defending Depositions

1. Taking & Defending Depositions • Advice on defending a deposition • Advice to the witness • Advice to the defending attorney • Advice on taking a deposition • Do’s & don’ts

2. Advice to the Witness • Listen carefully • Pause before answering • Answer question and only the question • If you don’t undersand question, say so • Don’t guess • Don’t argue with lawyer • Purpose of deposition is not to tell your story • Answer truthfully

3. Advice to the Witness cont’d • Don’t try to be funny • Other lawyer is not your friend • Listen to objections • Instructions not to answer • Be conscious of videotaping • Session with attorney • Correct mistakes • If tired, ask for break

4. Advice to Defending Attorney • Prepare witness • Don’t instruct witness not to answer unless privilege or work product • Objections to form must be made or are lost • Don’t fall asleep at the switch • Suspending the deposition

5. Advice on Taking a Deposition • Getting ready • Ask yourself what kind of deposition you are taking • Study the documents • Prepare outline of deposition topics • Use as checklist • For questions that require careful wording, write them out and clear them with your expert

6. Advice on Taking Deposition cont’d • Beginning the deposition • Initial commitments from witness • Use topic sentences and open-ended questions • Don’t abandon your normal thought processes when taking deposition • Listen • Avoid asking complicated questions • Avoid childish behavior • Avoid abusive behavior

7. Advice on Taking Deposition cont’d • Don’t lose your patience • Refrain from other forms of unprofessional behavior • Box in the witness • Laundering • With evasive witness, persist • Dealing with instructions not to answer • Always be conscious that you are making a record • The only usable product of the deposition is the transcript