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Facilitator Guide

Deposition Questioning

What’s covered

  • How to use open and closed questions
  • The funnel approach to asking questions
  • Getting an admission
  • Cross-examination
  • How to test a case theory with your questions
  • Common mistakes in deposition questioning
  • How to create a useful record

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/deposition-questioning/attendee

Prepare Yourself

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

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

  • What are opened questions? Closed questions?
  • Have you ever heard of the funnel approach? What is it?
  • How would you try to get an admission from a witness at a deposition?
  • What’s a cross examination and how would you use it at a deposition?
  • How would you test a case theory at a deposition?
  • What kinds of mistakes are commonly made in deposition questioning?
  • What are different ways you can ensure your deposition questions create a useful record?

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.