Page 43 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Freeze Frame
There’s a technique I use in personal injury cases. Whether it’s an auto, premises, medical malpractice or other personal injury matter, I take the crucial incident in the case – the crash, the slip and fall or alleged malpractice – and I freeze frame every moment from beginning to end, create a visual of that scene in my mind, and ask the witness about every aspect of every moment. This allows me to secure all the information the witness has about the incident and pin down the witness about what she knows. There’s no escaping my questioning because I pin the witness down on what they saw, heard, felt, smelled and touched – all their senses. I recreate the scene, frame by frame, using the deponent’s own words.
EXPLANATION
Participants learn how to capture every bit of information a witness has about an accident, scene or moment.
EXERCISE
Think about a personal injury matter you defended, focus on the incident, and then have participants question you about it, having them freeze frame every moment and ask everything they can about that scene.
LESSONS LEARNED
Learning every last detail about an incident from a witness is crucial for liability issues, for expert opinions and for presenting your case to the jury. Extracting every last drop of marrow of testimony a witness can offer is a skill that can help you position your case for a win.
A FEW QUESTIONS TO DISCUSS
How can you explore an incident through all five senses?
How do you lay the foundation for every moment of the incident?
How do you develop a cadence with the witness to answer your questions on your terms?
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SECTION 03 GATHERING INFORMATION