Page 68 - FDCC Deposition Drills

A FEW QUESTIONS TO DISCUSS
How do you explore a topic with a witness in a favorable way? How do you make the most of a bad answer?
How do you push a witness on an issue or fact?
Deposition Drills How to Teach Deposition Skills
What’s for Dinner
It’s easy to get a witness to say “yes” if you already know the answer to a question. It takes practice to get a witness to say “yes” when you don’t already know the answer to the question. Exploring facts with a witness and then pinning him down is necessary to secure favorable admissions.
EXPLANATION
Participants learn to get “yes” answers even when they don’t know the answer to a given question.
EXERCISE
Have participants ask you questions about what you ate last night. They don’t know what you ate, so they’ll have to do their best to use leading questions to secure answers they don’t already know. In trial, we’re taught not to ask questions you don’t already know the answers to. In deposition, different rules apply. You’re exploring what the witness knows and what she will say while trying to put words in her mouth.
LESSONS LEARNED
This exercise teaches how to lead a witness even if you’re not sure what they may say. It requires a good ear and a bit of imagination.
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SECTION 04 CROSS EXAMINATION