By: Lucas Henry
During a deposition, there are a few tricks that lawyers can use to trip up the witness. These tricks include avoiding definite words, setting up an evasive witness, and taking breaks. When you’re a witness, you want to be sure that you don’t do any of these thingsBy: Lucas Henry
Silence and breaks
When it comes to depositions, there are two basic ways to trip up the witness. First, the attorney. A lawyer can intimidate a witness by using hostile or argumentative questions. Secondly, the witness can aggravate the attorney by expressing disbelief or arguing on the record.
As an alternative to these tactics, the witness can volunteer information for the attorney to review. This will give the attorney more questions to ask, and it may even be used as a supplement to the deposition.
In addition, the witness may also rely on a document, such as a notebook, to help him or her to keep track of important facts. The document can also be used to impeach the witness if he or she gives an inaccurate answer.
Avoid arguing with a deposing attorney
When you’re taking a deposition you’ll want to avoid arguing with a deposing attorney. It’s a waste of time and will only serve to slow down the process.
One way to avoid this is to remember that you’re not the only person in the room. Your opponent has all the tools. He has years of experience and will have a much better idea of what’s logical and what’s not.
You can avoid arguing with a deposing lawyer by keeping an open mind. He or she is there to protect your client. The lawyer has no legal right to obstruct your ability to answer questions. If you find yourself in a situation where you feel you’re being harassed, step out of the room and speak with another attorney.
Set-up an evasive witness
When an expert witness is being asked to give testimony in court, there are a few things you should do to prepare. First, make sure you understand your case. This will help you determine what you need to get out of the deposition.
Your goal is to get to the heart of the matter. But, sometimes the process can be tedious and frustrating. Especially when you are trying to depose a difficult expert witness.
As a result, some attorneys give up before they even begin. While there is no way to completely eliminate an evasive response, you can try alternate strategies to handle it. In addition to oral and written techniques, you can also use a deposition transcript to pick and choose areas of cross examination.
Poke holes in your case
There are many ways to poke holes in your case during depositions. For instance, there are a number of techniques for obtaining answers that are not elicited by a well-rehearsed question, as well as techniques to avoid answering questions at all.
The best strategy for tripping up your opponent is to keep your cool during your deposition. Keeping your cool is especially important when your opposing counsel is laying on the heat. They may be impatient and want to get the job done quickly.
Another strategy to try is to ask the right kind of questions. These questions are often more useful than others, such as asking your witness to recall a specific incident. This will allow your attorney to gauge your subject’s ability to withstand cross examination.