Page 36 - FDCC Deposition Drills

A FEW QUESTIONS TO DISCUSS
Why do you want a witness to draw?
What are you hoping the final drawing will look like? How do you plan to use the drawing in the case?
How can a drawing help your case? How can it hurt it?
Deposition Drills How to Teach Deposition Skills
Having a Witness Draw
Sometimes simply having a witness mark an exhibit isn’t enough. You want her to draw something for you. This can be tricky. How complex is the drawing you’re asking the witness to draw? How comfortable is a witness with drawing what you asked her to draw? What objections is opposing counsel interjecting to having her client draw something on the record? How do you talk a witness through drawing something and then reference what she is doing on the record? It’s not often you’ll ask a witness to draw something (if ever), but practicing the process will make it easier when you do.
EXPLANATION
Participants will learn how to instruct a witness to draw something in a deposition.
EXERCISE
Decide on an object or item or scene you want drawn, and have participants ask you the necessary questions and direct you in an appropriate manner to have you draw the requested object, item or scene.
LESSONS LEARNED
It’s rare you’ll ask a witness to draw during a deposition, but it does happen, and knowing how to lay the foundation for such a drawing and then talk a witness through the process takes practice.
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SECTION 03 USING EXHIBITS