Page 42 - FDCC Deposition Drills

A FEW QUESTIONS TO DISCUSS
What are ways to explore a deponent’s recollection?
What types of questions get to the heart of what a witness knows?
How far should you push a witness to get what you want?
How do you build a relationship with a deponent to secure the information you want?
Deposition Drills How to Teach Deposition Skills
Turning Over Every Stone
Part of our job is investigating a claim and turn every stone, evaluate every avenue and consider every angle. It takes imagination to think through all the angles and perspectives and explore them with a witness.
EXPLANATION
Participants learn how to think through and explore with a deponent all the possible issues and topics they may have information about.
EXERCISE
Think about a deposition that tested your imagination and creativity when exploring topics and issues with a witness. Jot down for yourself the various facts and issues that surprised you during that deposition. Play the role of that deponent and have participants question you. Encourage them to think outside the box and explore novel lines of questioning and suggest some if theirs miss the mark.
LESSONS LEARNED
Avoiding surprises during the case and trial can be accomplished by exploring the full breadth of a deponent’s knowledge and understanding. It takes practice to plumb the depths of a deponent’s memory, understanding and bias. This exercise provides some insight into this process.
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SECTION 03 GATHERING INFORMATION