Day on Torts

Evan Schaeffer at The Trial Practice Tips Weblog  tracked down an article titled "Preparing A Witness for a Successful Deposition" written by Matt Keenan, a defense lawyer with Shook, Hardy and Bacon in Kansas City.  

An excerpt:

In my 20-some years of working with company witnesses as part of the discovery process, I’ve learned that the prospects of a deposition can stress even the most accomplished corporate executive.

Yesterday I mentioned that James Publishing Company’s website includes excerpts of certain of its books.  I thought that the excerpt I referred to yesterday was so valuable that it was worth another post, so here is an excerpt from Section 439 of  "How to Prepare for, Take and Use a Deposition" by Daniel P. Dain.

§439   Preparing for the Video Deposition

If your witness’ deposition is to be videotaped, additional preparation is generally in order. Unlike the standard stenographic record, a videotaped deposition captures the witness’s appearance, demeanor and testimony. Consequently, you may want to experiment with makeup, hair and clothing, in preparation for the deposition. You may also want to conduct a mock video deposition of your witness to not only familiarize your witness with the nature of the proceeding, but to graphically demonstrate what areas need correcting before the actual deposition. Often the witness’s review of his or her own performance is a much better aid in that witness’s preparation than all of your carefully drafted verbal admonitions.

James Publishing Company’s website includes excerpts of certain of its books.  Here is an excerpt from Section 433 of  "How to Prepare for, Take and Use a Deposition" by Daniel P. Dain.

§433   Using a Checklist for Witness Preparation

Some lawyers prefer to go through an extensive checklist of points for discussion with their witness. One benefit of using this approach is that it provides some assurance that you will not leave out an important point. One of the problems with this approach, and with any approach, is that your witness is only likely to recall and put into use a very few points. Whatever approach you choose, make sure that your emphasis is on your most important points because the others may fall by the wayside.

I brought a couple posts from the Lean and Mean Litigation Blog  to your attention back in December.  These posts discussed the need of formulating a discovery plan before taking depositions.

Here is a related article titled "Mastering the Blind Cross-Examination" written by Mark A. Nuebauer.  This article questions the need to depose everyone and provides tips on cross-examining a witness who has not been deposed.

An excerpt: "To be effective, blind cross must have a specific goal. More often than not, each witness in a trial is intended to lay out a specific fact or a set of key facts that help provide the premise for that side’s case. Cross-examination should be a laser beam designed to attack that side’s contention of that fact or set of facts. In short, blind cross-examination should be a stiletto, not a sledge hammer attack."