Proper Witness Preparation Crucial for an Effective Deposition

by | Published on Mar 21, 2017 | Deposition Transcription

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Proper Witness Preparation Crucial Effective DepositionLegal transcription service providers ensure attorneys of accurate documentation of various legal proceedings, including deposition transcription. A well-conducted deposition can discover the real facts and lead to the resolution of the lawsuit. While depositions are a powerful tool in an attorney’s repository, proper witness preparation is a key factor in conducting and defending depositions effectively. Lawyers also need to interact properly with their own witnesses, before and during depositions, according to a recent report in Lexicology. Here are some tips for proper preparation of witnesses for depositions and interaction with them.

  • Spend time to prepare the witness: Not preparing your witness can negatively impact your case. Witnesses should be well-informed about the implications of the testimony that they have given. Once they understand how their answers can be used against them, they are likely to be cautious while answering. Giving your witness adequate time to prepare can reduce risks of a poor performance.
  • Inform your witness about the dangers of conjecture: Witnesses need to be told that making guesses is a bad practice because if they are wrong, they lose credibility.
  • Prepare the witness for areas that are beyond the possible subjects of examination: The defending counsel may be able to raise timely objections and head off questions that concern matters that go beyond the topic list. However, there is no guarantee that the objection will be sustained. So it’s better to prepare the witness for such questions.
  • Interact ethically with the witness: Deposition conduct is guided by court rules and ethical codes. Lawyers should encourage witnesses to tell the truth and provide evidence that is authentic. If the witness offers evidence that the lawyer knows to be false, the latter should take remedial action.
  • Review the relevant rules in advance: Before attending the deposition, lawyers should go over the relevant rules governing deposition scope, nature of objections, and related motions. This is crucial to maintain deposition conduct.

Deposition transcripts are used to contradict or impeach the testimony given by the deponent as a witness as well as for other purposes as defined by federal rules. As trial deposition transcripts may be read into evidence, legal transcription outsourcing to a reliable service provider is necessary to ensure the highest level of accuracy. Quality deposition transcripts allow lawyer to easily prepare witness outlines for cross-examination.

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