Deposition techniques are used to obtain specific results and can include open-ended questions, silence, and asking questions in a seemingly random order. The setting can also affect the outcome, and different techniques can be used to weaken the other party’s case.
The objective of the deposition will often dictate the type of deposition techniques used. If you hope to glean unknown information from a witness, the technique may be to use open-ended questions to get him talking. The deposition techniques are calculated and are used to obtain specific results. Sometimes, keeping quiet is a good technique. A long period of silence can be uncomfortable and cause people to talk to fill that silence. Listen carefully as much as you can learn from impulsive comments.
Some deposition techniques are in place long before questions are asked or testimony is given, such as deciding on the setting. Do you want witnesses to feel comfortable and at ease? If so, it may be best to schedule the deposition at your attorney’s office, in a neutral setting, or even in your own home. Some lawyers want people to feel a little out of their element and hold very formal meetings in their offices for this purpose.
Other helpful deposition techniques include asking questions in a seemingly random order. It’s not exactly coincidental, as the lawyer planned it this way, but it seems that way to the witness. The witness will expect the attorney to ask things in a particular order, such as the chronological order of events that occurred. Also, asking the same question two or three different ways can help you get more accurate answers. This method can be useful when it appears that a witness is trying to withhold something or is not being entirely truthful.
If you don’t want the witness to make a particular point, there are also deposition techniques for that. The attorney may use a rapid-fire interrogation style that keeps witnesses off guard and rushing to answer the next question. He or she can also go with clear, to-the-point questions that require a yes or no answer. If the person being deposed is known to have a fickle personality and wants it shown in court, she can use the deposition as a sort of dress rehearsal for the trial. A good method is to use a variety of provocative interrogation methods in order to find the best approach to get a riot out of that witness once the attorney brings him to testify.
It is very important to know any weak links should the other party arise. You may choose not to expose such weaknesses but instead to use deposition techniques that trick witnesses into further weakening the case. It may be possible to get a witness to admit that they are unsure of their version of events. On the other hand, exposing the lack of credibility of the other party’s witnesses or demonstrating that the evidence is flawed may also be helpful. By making them feel that they have no valid reason, the lawyer can persuade the opposition to reconsider the settlement offers.
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