Page 40 - FDCC Deposition Drills

A FEW QUESTIONS TO DISCUSS
Why is it important to lay a foundation?
What types of questions should you ask to lay a foundation?
When is it appropriate to lay a foundation?
How can you use a properly laid foundation in a motion for summary judgment or at trial?
Deposition Drills How to Teach Deposition Skills
Lay Foundation
When questioning a deponent, you may have to lay the foundation for a witness’s knowledge or expertise, or lay the foundation for a subject you’re asking about. Sometimes it’s ok to jump right into a topic. More often, though, you need to lay a predicate before addressing the topic.
EXPLANATION
Participants learn to lay the foundation when questioning a deponent
EXERCISE
Identify a witness you deposed for whom you had to lay the foundation. Perhaps it was an expert for whom you laid the foundation for his expertise and his opinions. Explain the role of the witness and what foundation should be laid for the witness. Play the role of the witness and have participants question you and lay a foundation for your testimony.
LESSONS LEARNED
This exercise teaches participants how to lay a foundation for a deponent to bolster a witness’s expertise, recollection, observations, etc. Laying the proper foundation helps increase the impact and power of a deponent’s testimony and there is an art to doing it, and doing it effectively.
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SECTION 03 GATHERING INFORMATION