Page 23 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
What to Ask
A deposition is part interview, part reconnaissance, part interrogation. The more depositions you take, the more attuned you will become about what to ask. Every deposition calls for its own questions to ask. Developing a process to determine what questions to ask is a skill every litigator should develop.
EXPLANATION
Participants learn how to develop a process to determine what questions to ask a given deponent.
EXERCISE
Choose several cases the firm has handled and several individuals deposed in each of those cases. For each, lead a discussion about what questions should be asked of each deponent and why. Then explain what questions were actually asked of the witness and why. Share the deposition transcripts with the participants. Discuss your process of deciding what questions to ask a given witness.
LESSONS LEARNED
The most obvious skill to develop to take effective deposition is developing a process to ask the right questions. This exercise helps participants think through what to ask and why.
A FEW QUESTIONS TO DISCUSS
What’s the purpose of a given deposition?
What do you hope to accomplish?
What facts do you want to discover?
What admissions do you want to secure?
How can you use the deponent to support your case theory? Your trial theme>
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SECTION 01 PREPARATIONS