Three Strategies for Depositions

Three Strategies for Depositions

Strategies for depositions are many. Depositions can often be the turning point in an upcoming court case. A skilled witness well prepared to be evasive when testifying can be an overall nightmare during questioning. In this blog we will explain three tactics used by highly skilled attorneys during depositions.

1. Wait for it…

There comes a point in an all-day deposition where the witness begins to lose their once well-recollected and freshly versed state of mind and the day begins to take its toll. This is where we recommend you save your best stuff for last. If well-timed and properly executed, you can catch your witness in a moment of weakness; this time is around 4 p.m,  when an entire day in the hot seat combined with a strong will to want the day to be done  leaves the witness vulnerable to mistakes and inconsistencies in their testimony.

2. Silence can be just as powerful as words

A great way to get a witness to talk without thinking or being coached by their attorneys is to take a long pause before moving on to the next question. Instead look at them as if they were not done speaking or that there is more to be said and you are waiting for them to finish. Do this until it becomes awkward and uncomfortable. The majority of people will respond to this and begin to babble out of nerves and potentially reveal more than intended.

3. Make a list and check it twice

There are many areas to cover in a deposition and it is important to be able to recall every last one of them, to make a checklist and as the deposition progresses begin to check off each entry. The importance of the checklist is because many things become discovered during testimony and often attorneys begin to go in a direction not in their preplanned line of questioning and can become sidetracked. So stay focused and stay flexible and you are sure to keep the competitive advantage.

If you would like to schedule a deposition with us today, feel free to contact our office or visit our website’s Schedule a Deposition page.