What Witnesses Need to Know Before and After a Deposition
Preparing a witness for a deposition is crucial to promote a clear and accurate testimony. Use this guide as a checklist when instructing your witnesses to help them prepare for this step in the legal process.
Before the Deposition
- Understand the purpose: A deposition is a sworn, out-of-court testimony used to gather information before a trial. It can greatly influence the case’s outcome, so witnesses must take them seriously.
- Review key documents: Witnesses should familiarize themselves with all relevant documents, such as law enforcement reports, prior statements, and photographs related to the case. This helps refresh their memory and ensures they provide accurate answers.
- Practice with the attorney: Rehearsing helps the witness get comfortable with the deposition process. They should practice answering anticipated questions with a focus on clarity and brevity. Remind them to listen carefully to each question and only answer what is asked without volunteering additional information.
- Dress appropriately: Appearance impacts a witness’s credibility. Advise them to dress professionally to convey respect for the process.
During the Deposition
- Listen and answer carefully: The witness should listen to each question in full before responding. They should avoid interrupting and ensure their answers are clear and concise.
- Avoid speculation: Encourage the witness to say “I don’t know” if they are unsure of an answer. It’s better to admit uncertainty than to guess or speculate, which could harm their credibility.
- Ask for clarification: If a question is unclear, it’s perfectly acceptable for the witness to pause and think before responding, or to ask for clarification. Misunderstanding a question can lead to incorrect or incomplete answers.
- Be honest and direct: Honesty is crucial in a deposition. Witnesses should avoid exaggerations and stick to the facts as they know them. Using absolute terms like “always” or “never” can be problematic if proven false.
- Stay calm and collected: Witnesses should remain levelheaded, even if the opposing counsel asks challenging or irrelevant questions.
- Handle documents properly: If asked about a document, the witness has the right to review it before answering. This helps ensure their testimony is accurate and based on the correct information.
After the Deposition
- Review the transcript: When the deposition is complete, the witness should review the transcript for accuracy. This is their opportunity to correct any errors in the recorded testimony.
- Discuss the next steps: The attorney should meet with the witness to discuss the next steps in the case. This might include preparing for trial or other legal proceedings based on the deposition’s outcome.
- Stay available: The legal team may need to contact the witness for further clarification or additional testimony as the case progresses. It’s important for the witness to remain accessible and cooperative.
Contact Talty Court Reporters
At Talty Court Reporters, we utilize the latest technology to deliver the very best results in your legal case. Turn to us for top-quality court reporting and transcribing services, video and audio conferencing, remote depositions, and much more. For additional information about our services or to request a cost estimate, please contact us today.