Six Goals in Taking a Deposition

Monday, 13 July 2009 15:33

SIX GOALS IN TAKING DEPOSITION:

Situation: An auto accident attorney is taking the deposition of the defendant driver of the other vehicle. He will pursue six goals in taking the deposition.

First, he will want to get the witness’ story. Every witness has a story and generally the auto accident attorney should elicit the entire story first. He may find an unexpected goldmine of information that can later be exploited to his client’s benefit. He wants to get the witness’ story for several reasons.

It gives him a specific target to shoot at: Details that can be attacked. The witness’ version of story is pinned down and harder to change later. The witness often inadvertently reveals helpful evidence in telling story including fact he might not have specifically asked about. Finally, it shows how believable (or unbelievable?) the witness will be at trial.

Second, after he gets the witness’ story, the auto accident attorney will exploit the helpful evidence related by the witness. This process is “mining the gold.”

Third, some evidence does not come out during the story. The auto accident attorney will then elicit any further helpful testimony from the witness.

Fourth, (keeping the gold-mining metaphor) the attorney wants to “avoid the shaft.” He will then elicit testimony that tends to undercut the evidence so far gained from the witness.

Fifth, the auto accident attorney will want to block harmful evidence from coming out (when dealing with a biased witness).

Sixth, the witness may provide totally unexpected information which, if developed properly, will greatly benefit the auto accident attorney’s client.