NCJ Number
117333
Date Published
1989
Length
10 pages
Annotation
This article provides guidelines for conducting a oral deposition of an important witness in a case where the facts are complex and the documents numerous.
Abstract
After discussing the importance and objectives of the oral deposition, the article considers the practical aspects of preparing for and conducting the deposition. One aspect of preparation is the setting of goals. These include researching the personal background of the witness, identifying the witness' relationship to the case, and considering that the witness' attitudes or motivations regarding the case may not be the obvious ones. The next step is to organize materials. This includes preparing a full chronological memorandum, preparing a fact sheet on every topic about which the witness can testify, compiling a list of every 'mention' of the witness by any person or in any document, and organizing the documents in every conceivable way. Regarding prepared questions, the article recommends that the questions be prepared in advance and that they be reviewed thoroughly and kept in front of counsel during the questioning, but without sacrificing constant eye contact with the witness. The article also advises that if the witness provides testimony favorable to the examiner's case which the adversary counsel may wish to mitigate later, making a record of the extent of the witness' preparation may be important. Other issues addressed are the obtaining of admissions and the rephrasing of questions.