how to prepare for a deposition

Depositions are a common but essential part of legal practice.

If you’re an experienced attorney, you’ve probably done hundreds of depositions.

If you’re a new attorney, be prepared to do hundreds of depositions throughout your legal career.

Here are some pointers on how to prepare for a deposition. 

What Is a Deposition?

A deposition is a pre-trial discovery tool that takes place primarily in civil litigation. They are an opportunity for both sides to engage in information-gathering from one or more witnesses.

Deposition attendees include the attorneys of the parties to the lawsuit, the person being deposed (the ‘deponent’), a court reporter, and sometimes the parties themselves.

During the deposition, the deponent is asked questions under oath by either side, and a court reporter transcribes the entire proceeding.

The purpose of a deposition is for both sides to gather information to build their case and potentially use the testimony at trial.

How Should You Prepare for a Deposition?

There are specific points you should note when preparing for a deposition.

Know What to Expect During a Deposition

If you’re a seasoned attorney, you probably know what happens during a deposition. If you’re a new attorney, this may be your first (or one of your first) depositions.

During a deposition, the person giving testimony will be under oath. You and the opposing counsel will ask the deposed person questions about the case. A court reporter makes a transcript of the deposition. 

Know How to Prepare the Deponent

If you are the attorney of the person being deposed, whether they are the main party or a witness, you need to prepare them. Explain to them what will happen during the deposition. 

Go over the court rules and how they should conduct themselves.

You should also prepare them for any questions you anticipate opposing counsel asking them, as you will not be able to coach them once the deposition has begun.

Know How to Ask Questions

You must know how to ask questions to the deponent. Are you looking for answers, or do you want to get facts into the record?

For example, if the deponent is an expert witness, try to gain an understanding of the subject before the deposition. That way, you can follow their logic and ask the right questions.

Be a Good Listener

It is also important to listen to how the witnesses answer questions: 

  • Are they evasive?
  • Are they forthcoming?
  • Are they nervous?

Sometimes, their answers and demeanor can help you decide on questions to answer and how to conduct yourself.

Know What to Bring to a Deposition

There are certain things you should have with you at the deposition. First, you should have a copy of the court’s local rules that govern depositions.

This is important in case there is a question of whether the deposition follows appropriate rules.

And, if you are a new attorney or are just new to the court jurisdiction, having the rules at your disposal is essential.

You should also have a colleague with you or easily contactable throughout the deposition. This is particularly important if you are a new attorney.

They can look up a rule or guide you in the right direction. Lastly, bring any necessary files or notes to the deposition, especially the deposition notice, which should set forth the areas that can be asked about. 

Rent Office Space from Mesilla Legal Center 

At the Mesilla Legal Center, we offer rentable office space to legal professionals. You can use our spaces for different purposes, such as meetings, depositions, trial preparation, and mediation.

Our rooms are equipped with high-speed internet and teleconferencing capabilities. We also offer on-site parking. And if you need anything, we have reception staff onsite who can assist you.

Contact us at Mesilla Legal Center now to reserve your office space.

Rate this Post

1 Star2 Stars3 Stars4 Stars5 Stars
Loading...