Page 69 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
The Jerk Witness
Sometimes, you’ll have an adverse witness who makes things difficult. We don’t always get to pick our witnesses and we have to play the hand we’re dealt. It takes practice and patience to extract the information and admissions from a “jerk” witness.
EXPLANATION
Participants learn to cross examine difficult witnesses.
EXERCISE
In this exercise, the roles are reversed. Have your participants take turns being witnesses and ask them about topics they know well. It could be history, sports, music – whatever topic they enjoy and know a lot about. Give them one instruction - do their best not to answer your questions. They should only answer your questions when they have no choice buttocapitulatetothem.Thisexerciseservestwopurposes. First,itshowsthemhow
you deal with an obstructive witness and pin him or her down. Second, it provides them the perspective of the witness and how many different ways there are not to respond to
a question with “yes.” When I think through cross examination questions, I play devil’s advocate and think about every way the witness can avoid giving the answer I want. By having a participant play the role of recalcitrant witness, he or she learns to test their future cross exam questions.
LESSONS LEARNED
We all deal with difficult witnesses. This exercise shows what it’s like.
A FEW QUESTIONS TO DISCUSS
What are the different types of difficult witnesses?
What is the best approach to dealing with each type of difficult witness? What should be your demeanor when dealing with a difficult witness?
How hard should you push a difficult witness and how should you push them?
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SECTION 04 CROSS EXAMINATION