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Depositions are unpredictable, and trials can be even more variable.

solely responsible for their content. Explain that they should speak slowly and clearly and emphasize that they shouldn't be afraid to clarify or ask questions during the process. Here’s a handy checklist to make sure you don’t miss anything when preparing your next witness: ___ Explain the attorney-client privilege to the witness (if the witness is not a party or party-related witness, the attorney-client privilege won’t apply). Phone: (786) 220-9705 trailer People practice weddings for hours even though it usually boils down to simple walk down the aisle, stand, repeat some basic phrases, and walk out. �YY>2m`��p��s�h�8��ꌦ,��/d��£���4�*u�Ue!����B�~3��fMi��lz���%f���Mx3�D�*e�l���S� r/���826�n��y�v誠�Fa�S��n`שxS���+���V/GU����.
0000025776 00000 n 0000057256 00000 n Make sure that they understand that, if the case goes to trial, their answers at trial will be compared to their deposition testimony with great scrutiny. for professional services. Preparing Your Witness for a Deposition: Best Practices By Craig C. Martin and Anthony B. Borich This article offers a concise “best practices” guide designed to focus your attention on the most important elements of witness preparation for an adversary’s deposition. 0000003568 00000 n
While this may seem like a rather obvious rule, the majority of witnesses have a hard time following the rule's simple instruction. The content is provided with the understanding that CEB does not render any legal, accounting, or other professional service. Many witnesses are so anxious to … Enter your email address to subscribe to this blog for free and receive notifications of new posts by email. ___ Consider a full dress rehearsal, perhaps with another attorney playing the part of the opposition (including objections). Hassell Trial Counsel The main issue is that they blurt something out before you have had a chance to object or before they have had time to carefully consider their answer. ___ Review with the witness past depositions, answers to interrogatories, all documentary or demonstrative evidence, and all other material that may be referred to in trial. Offer gentle coaching on how to provide valuable answers that further the administration of justice, not how to make sure they can share every detail of a story. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Any CEB publication cited is not intended to describe the standard of care for attorneys in any community, but rather to be of assistance to attorneys in providing high quality service to their clients and in protecting their own interests.

| CEB Blog - Your Partner In Practice, 5 Steps to Fixing the Facts in Your Client’s Mind | CEB Blog - Your Partner In Practice, Refreshing Recollection in Court | CEB Blog - Your Partner In Practice, Order Your Witnesses for Impact | CEB Blog - Your Partner In Practice, Calming a Client Before Cross | CEB Blog - Your Partner In Practice, Prepare for Case Management Conferences in 4 Steps | CEBblog™, 4 Ways to Help Witnesses Maintain Credibility | CEBblog™, 3 Things to Consider When Preparing a Young Witness | CEBblog™, What to Do a Month Before Trial | CEBblog™, This blog is not intended to reflect the position of the State Bar of California or of the University of California. Learn more, May 25, 2019Author: Ben HalversonOrganization: Lorman Education Service. 0000078116 00000 n Listen Carefully... and wait until the entire question is asked. 0000025699 00000 n A corollary to point #1 is that deposition transcripts are used to prove the opposing party’s theory of the case or to impeach the witness. 0 Witness preparation varies from case to case and from witness to witness and there’s no one correct method or simple formula. Remember the privilege rules (but don’t let that prevent you from prepping the witness). professionals, they should not be used as a substitute Inconsistencies can hurt credibility. But there are some things you should always do when preparing a witness for trial. We are a prepared, professional team who shares our predictability with our partners and clients. It’s vital for the witness to understand that (in general) they can only hurt your case in a deposition, not help it. When testifying, do not try to "argue" your point, dodge questions to avoid problem areas, or place any type of "spin" on your version of the facts. This is why the preparation process is critical to successful questioning. As legal professionals who sometimes feel like flies on the wall, our team of court reporters has assembled five tips for preparing – not over-preparing! Answer Only the Question That Was Asked. Oftentimes, witnesses get a little ahead of themselves. The absolute best way to prepare a witness to testify is to have an experience lawyer they’ve never met before cross-examine them. 0000001783 00000 n Lawyers know this but laypeople don’t, or they forget. ( Log Out /  0000057322 00000 n Preparing witnesses for trials and depositions isn't always easy. In other words, have […], […] Checklist for Preparing Your Witness for Trial […]. Instead, offer clients an outline of what to keep in mind during their time to speak. Show them videos of good and bad witnesses. Tips for preparing your witness for a deposition. 0000025884 00000 n But if the witness is merely friendly and not your client then your communications are not privileged. During the deposition phase of discovery, lawyers usually have to take and defend depositions. But if you cover the elements in this post, including the video examples with the witness, then you’ll likely get better answers for your side during the deposition. %PDF-1.4 %���� ( Log Out / 

They need to appreciate the difference between open-ended questions in direct examination and leading questions in cross-examination. I suggest you explain to the witness a simple example as to why conjecture isn’t helpful. ... and wait until the entire question is asked. Looking to learn more about how to effectively work with witnesses? Transmission of this information is not intended to Witnesses need a comprehensive list of documents to review and copies of the documents. If you don’t understand a question, ask for the questioner to rephrase it. Social Distancing and the Impact on Process Serving Industry, The Five Most Effective Organization Tips to Boost Productivity. This will help your witness keep calm and carry on. Build a solid relationship of trust as you work with witnesses and offer them tips and advice on keeping their cool as their time on the stand draws near. The single most important rule for a witness to remember is that he or she can’t win the case with their deposition. Practice having the witness pause between the end of the question and the beginning of his answer.

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