Larry Bodine, The Daily Record Newswire
We all know how to take depositions, but we sometimes forget the basics simply by overlooking an elemental step: preparation. Here’s an outline of steps to consider before taking a deposition:
1) Preliminary preparation
• Make copies of the civil rule. The civil rules relating to deposition discovery have provisions governing conduct and objections that are permissible during a deposition. With some defense counsel it may be a good idea to mark a copy of the rule as an exhibit and remind counsel of its provisions.
• Copy any subpoena. It’s a good idea to mark the document as an exhibit when there are provisions of what the witness is to bring to the deposition or similar circumstances.
• Copy interrogatory disclosure of what the witness will testify about. If there is an interrogatory description of what the witness will testify to, marking it as an exhibit to limit the areas of testimony may be important at trial.
2) Lawyer deposition preparation
• Identify key issues in the case. Don’t go to the deposition without first clearly identifying the primary issues that should hold your main focus.
• Determine objectives for each issue. Once you know the key issues, decide what your goal is for each. Do you want to minimize their importance? Do you want to undermine this witness’s credibility about them?
• Divide into individual chapters. For organizational reasons, make each category or issue a separate part of your deposition outline.
• Copy documents that support each chapter: (1) statements, reports or depos of witness; (2) reports and investigations; (3) other witness statements; (4) standards that apply; (5) literature that applies; (6) photos: video, aerial, newspaper; (7) diagrams, illustrations and exhibits; (8) interrogatory, admissions and discovery
• Check on the witness. Look on the Internet for services that might offer helpful information. Also check with other lawyers for possible pertinent facts about the witness.
3) Prepare deposition outline
• Create a checklist outline for the deposition. It’s just too easy to become distracted and overlook an important subject. There are many sources of deposition outlines for different kinds of witnesses. Take the time to create one, and save it for future use.
• Organize documents to be marked as exhibits, with copies. Don’t waste time at a deposition regarding exhibits you intend to use; organize them in the order in which you intend to mark them. Have an original for the reporter and witness, with copies for defense counsel so you can proceed quickly.
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Larry Bodine, a legal marketing expert, is editor-in-chief of Lawyers.com.
