More Deposition Tips

I posted a few deposition tips a couple of months ago. Okay, it was more like six months ago. But, here are some more deposition tips for the new attorney.

• Know your state and local rules. And, maybe more importantly, know your local customs.
• Before you go on the record, introduce yourself to the witness and talk for a few minutes. Get the witness to loosen up. A loose witness talks more than a tight witness.
• Explain the admonitions slowly and make sure the witness understands each one. Some attorneys go through them all and then ask at the end if the witness understands them. The problem with this is that the witness may understand some of them, most of them, or all of them, but you never really know.
• Ask open ended questions and LET THE WITNESS TALK. This includes taking a pause after you think the witness is done talking. People want to fill silence and leaving a few seconds of silence may get the witness talk to more and provide you with information he/she may not have otherwise said.
• Ask the witness who cannot remember if there are any documents that would refresh his/her recollection.
• Establish a foundation for each exhibit.
• If the witness talks to his/her attorney before answering a question, note that for the record.

These obviously do not cover every situation. But, a few more rules will help you have a succesful deposition.

--------Jonathan