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Facilitator Guide

Tips for Taking a Deposition

What’s covered

  • Starting the deposition
  • Questioning the witness
  • Difficult witnesses
  • Difficult opposing counsel
  • Ending the deposition
  • Logistics involved in taking a deposition

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/tips-for-taking-a-deposition/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 logistics do you need to take care of before taking a deposition?
  • What are some things you can do to get your deposition off to a good start?
  • What tone will you try to establish with the witness to start the deposition?
  • What should you be doing while the witness is giving an answer?
  • What would you do if one of your questions isn’t working?
  • How would you handle a witness that says “I don’t recall” a lot or claims not to understand basic terms?
  • How would you handle a witness that won’t admit anything?
  • What would you do with an aggressive opposing counsel?
  • What should you do when you think you’re done asking questions?

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.