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The Art of the Deposition

The Basics

Victoria Pynchon, Esq.

+Getting Ready

Why am I taking this deposition? Info Ammo Admissions Dirt

How do I prepare? Complaint, answer, interrogatories, other testimony Documents Jury instructions

Victoria Pynchon, Esq.

+Getting Started

The Court Reporter Knows More than You Do s/he doesn’t “strike” anything from the record s/he will do what you ask (within limits) s/he will tell you preferences in advance

Swearing the Witness

Explaining the Procedure Setting witness up for impeachment Establishing authority/relationship

Victoria Pynchon, Esq.

+The Funnel Technique

Victoria Pynchon, Esq.

Who, what, when, where

how, describe explain

FOLLOW UP What do you meanGive details

FILL INDid you? Was there? Have you? Did you ever?

EXHAUST What else? Is that everything?

RECAPAs I understand it . . . Is that right?Nothing more?

ADMISSIONSMake statements obtain agreement

THEORY TESTING

+Faulty Memory

Anything else that might help refresh memory Talk to anyone else Look at something else

Helping witness remember Seasons of the year How old children were Working for X or Y at the time

Standard practices and procedures

Habit and custom

Victoria Pynchon, Esq.

+Meetings and Conversations

How many times

Let’s talk about the first conversation Who was present How long did it last What were the subjects discussed Who talked about the first subject

What did Bob say What was the response Then what Anything more

Victoria Pynchon, Esq.

+Objections

Objections to pay attention to Foundation Back-filling foundation

Objections to ignore Those trying to throw you off Vague, ambiguous

Objections to object to Coaching the witness Interfering with questioning

Victoria Pynchon, Esq.

+Role plays

To be assigned

A and B teams to be formed

Students to confirm those who can participate live in Saturday morning interactive sessions

Victoria Pynchon, Esq.