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Facilitator Guide

Defending a Deposition

What’s covered

  • What to do before the deposition
  • Protecting the witness
  • Counseling the witness during breaks
  • Correcting testimony
  • Re-direct examination

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/discussions/defending-a-deposition/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

  • still frame from Defending a Deposition

    Course

    Defending a Deposition

    Discussion of the role of the defending lawyer, ways to protect the witness, rules on counseling the witness during the deposition, correcting testimony, and re-direct.

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    Exercise

    PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

  • What can you do before a deposition starts to help the witness you’ll be defending?
  • What are your goals when defending a deposition?
  • What are different ways you can protect your witness during the deposition?
  • What kinds of rules are there governing what you can talk to your witness about during the deposition?
  • What can you do if your witness says something that’s wrong?
  • What are your goals on a re-direct examination?
  • What risks are involved with doing re-direct examination?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

  • Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
  • General practice tips (dos and don’ts)
  • Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot’s Depositions topic.