EFFECTIVE DEPOSITION TECHNIQUES

Published March, 2008
(EXECUTIVE SUMMARY PAGE)

What it Takes to be a Successful Deposition Witness

A deposition consists of one or more attorneys questioning a witness, under oath, before a stenographer who records the testimony. Usually a judge is not present. It is one of several devices used in the discovery phase of litigation.

Depositions have three purposes:

They allow one side to find out what its opponents know about the case.

A deposition fixes a hostile witness's story early on, before he can amend his story to fit the proof his side needs to present. It limits the amount the witness can change his story at trial.

It preserves testimony while memories are fresh and for witnesses who may not be available later to testify at trial.

It is Essential to Prepare

Depositions are most frequently used at trial to impugn or impeach the credibility of a witness whose trial testimony is inconsistent with his deposition testimony. It is essential that you adequately prepare for the deposition, since the transcript of the deposition can be used to show that your memory has "lapsed" or "improved" between the time of the deposition and the trial.

Your success as a deposition witness depends in large part on your mastery of effective deposition technique.

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