Deposition Technique

The deposition is one of the most powerful tools in civil litigation. It is
the only discovery device that allows an attorney to observe a witness's
demeanor, test their credibility in real time, and lock in testimony under
oath. A well-taken deposition can win a case at summary judgment or trial;

## Key Points

- **Prepare exhaustively**: Review all relevant documents, prior testimony,
- **Start with background and credentials**: Begin with non-threatening
- **Use the funnel technique**: Start with broad, open-ended questions to
- **Pin down testimony precisely**: When a witness makes a key statement,
- **Use documents strategically**: Mark and introduce documents methodically.
- **Listen actively**: The most important skill in a deposition is listening.
- **Control the pace**: Do not let the witness rush or filibuster. Pause after
- **Handle objections professionally**: When opposing counsel objects, note the
- Prepare the witness thoroughly when defending. Conduct at least one full
- Create a deposition binder with tabbed sections for each topic, key
- Take notes during the deposition keyed to the rough transcript page and
- Review the transcript promptly after the deposition. Identify admissions,