Depositions lead you to a victory or defeat. Many legal consultants and lawyers find it challenging to deliver a flawless deposition. After all, questioning a witness can be extremely frustrating if the witness knows how to dodge the questioning in a skillful manner. To get you past this, we’ve prepared a list of techniques for taking depositions.
1. Don’t Reserve Objections
This practice seems quite mundane, yet significant. Some of the best criminal lawyers implement this technique to get an upper hand on the case. At the time of the deposition, take advantage of forcing the other side to make as many objections as possible. It’s easier to overcome the objections at that time since you are presenting solid evidence. Avoid putting any stipulations at the time of your deposition. Demanding the other side to reserve objections during your deposition can become painful as the case moves forward.
2. Make the Witness Admit via Play or Ploy
Don’t expect the witness to be honest and cooperative, as they incline you to take a different direction on the case with no substantial outcome. Most of the time they would act as if they can’t recall the details of the incident. A good tactic is to let the witness walk their talk. This strategy usually leads them to spill out details that are crucial for your case. Another way to get important information out from the witnesses is by treating them in a polite and friendly manner. You can expect a better output if you make the witness feel at ease.
3. Wait Patiently for the Right Time
During a court hearing, there comes a time when the witness is exhausted and ready to leave. If your deposition starts in the morning, then the right time to question the witness is somewhere around 4 pm. At this point, the witness is so tired that all the lessons and preparations start to drain away. Preparing a series of questions beforehand with the intention of forcing the information out of the witness can result in a surprising outcome. Using your trump card at this moment can turn the tables in your favour.
4. Keep Track of Everything
You never know when something substantial slips away without your knowledge. The best practice is to list down everything that happens throughout the court hearing. Even better if you get a chance to record it on camera. In the heat of the moment, lawyers can get physically aggressive during breaks between depositions. You wouldn’t want to miss a chance to turn that incident into evidence and present it in the courtroom.
5. Visual Evidence Matters
Make a habit of filming all your depositions. It can benefit your case as images and footage have more weight compared to other forms of evidence. You don’t need to get an expensive camera or hire a videographer for this purpose, just get a simple camera and play it on your computer.
6. Silence has its Language
Being able to deploy awkward silence in the courtroom can increase your chances of winning the case. Questioning the witness in a way that creates silence can make the witness feel uncomfortable. Under such pressure, the witness ends up rambling out things that are helpful for your case.
7. Listen Actively
Depositions should contain a good questioning strategy that involves a mix of open-ended questioning along with careful examination. Paying close attention to what the witness has to say can reveal some key discrepancies and strange facts. Solving the clues acquired during cross-examination can be useful in getting out the truth from the witness. A practical advice would be to focus on what the witness has to say rather than preparing your next question.
8. Never Underestimate the Importance of Checklists
A number of minor and major details are taken into consideration while conducting a deposition. Dozens of grey areas can appear that need urgent attention. To overcome this issue, it’s recommended to create a checklist and mark off items that you’ve covered. You can allow flexibility in a situation where a crucial clue is dropped by the witness that can open a new line of questioning.
9. Keep Your Strategy Private
Witnesses are capable of deciphering your strategy. If they do so, they can easily omit details, obscure facts, and straight up lie while being witnessed. To prevent this from happening, try not to ask questions in a sequential manner that allows them to understand the motive behind your questioning. Be subtle and make sure that the witness doesn’t know where you’re going.
10. Attempt Cross-Examination with the Witness
Sometimes the defending attorney can ask questions after your deposition to clarify certain things or simply introduce more evidence. In that case, you should attempt cross-examination with the witness on the subjects covered by the defending attorney. If possible you can even attempt to discredit the examination done by the defending attorney.
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