How to Prepare Your Witnesses for Your Deposition

Once you’ve hired a court reporter in San Jose, CA for your witness’ deposition, you should start preparing the witness for what to expect. Your witness will be much more calm, collected, and helpful if he understands the deposition procedure. Here are some tips on how to prepare your witness for his upcoming deposition.


Explain the Purpose of the Deposition

In order to be an effective and comfortable witness, your witness will have to have a basic understanding of the purpose of the deposition. Explain to your witness that depositions are used to prevent witnesses from changing key elements of their testimony at trial or during later stages of litigation. You should also be sure that your witness understands the purpose of his specific testimony. For instance, most witnesses are deposed in order to establish decisive facts and a consistent record.

Confirm the Witness’ Knowledge

You don’t want any surprises during the deposition, so it’s important to meet with your witness to confirm his knowledge of the case. After you complete your fact gathering, you should explain your core case theory to the witness, so he understands what the ultimate goal of the deposition is. While explaining your core theory, you should be sure to describe the overall legal principles that are relevant to the case and the witness’ role throughout the litigation process. This will demonstrate to the witness how their testimony will emphasize or contribute to the core case theory, and how their testimony can be further clarified and expanded on to provide support.

Prepare the Witness for the Opposition’s Case

Your witness will also need to know what to expect from opposing counsel during his deposition. You can give your witness information about the key elements of the opposition’s case, and explain what questions opposing counsel might ask to establish facts. Explain the ways in which opposing counsel might distort facts, discuss contradictions in evidence, use loaded terminology, or adopt an unfriendly demeanor in order to use the deposition to his advantage.

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