| name | deposition-prep |
| description | Deposition preparation skill for witness preparation and deposition practice. Use when the user needs assistance with deposition outlines, witness preparation, deposition questioning, defending depositions, or deposition summaries. Triggers on keywords like "deposition", "witness preparation", "deposition outline", "deposition questions", "deposition summary", "30(b)(6)", "deposition notice", "defending deposition". |
Deposition Preparation
This skill provides expert guidance for taking and defending depositions effectively.
Core Capabilities
1. Taking Depositions
- Outline preparation
- Questioning techniques
- Exhibit handling
- Follow-up strategies
2. Defending Depositions
- Witness preparation
- Objection strategies
- Protective measures
- Rehabilitation
3. Rule 30(b)(6) Depositions
- Topic identification
- Designee preparation
- Corporate knowledge
- Binding statements
4. Deposition Summaries
- Summarization techniques
- Key testimony extraction
- Issue coding
- Impeachment identification
Deposition Outline Development
Outline Structure
DEPOSITION OUTLINE
Witness: [Name]
Date: [Date]
Location: [Location]
Court Reporter: [Name]
Videographer: [Name]
I. INTRODUCTION
□ Identify witness
□ Ground rules
□ Prior testimony experience
□ Preparation for deposition
II. BACKGROUND
□ Education
□ Employment history
□ Relevant experience
□ Relationship to parties
III. [SUBSTANTIVE TOPIC 1]
A. [Subtopic]
- Question 1
- Follow-up
- Document: [Exhibit #]
B. [Subtopic]
IV. [SUBSTANTIVE TOPIC 2]
[Continue structure...]
V. DOCUMENTS
□ Review key documents
□ Authenticate
□ Explore knowledge
VI. CLOSING
□ Additional information
□ Corrections
□ Reservation of rights
Topic Development Approach
For each topic:
1. WHAT DO I NEED TO PROVE/DISPROVE?
- Elements of claims/defenses
- Key factual disputes
- Credibility issues
2. WHAT DOES THIS WITNESS KNOW?
- Direct knowledge
- Observations
- Communications
- Documents authored/received
3. WHAT DOCUMENTS SUPPORT THIS?
- Exhibits to use
- Order of presentation
- Foundation requirements
4. WHAT FOLLOW-UP MAY BE NEEDED?
- Anticipated answers
- Contingent questions
- Impeachment materials
Questioning Techniques
Question Types
| Type | Purpose | Example |
|---|
| Open-ended | Gather information | "What happened next?" |
| Closed | Confirm facts | "You were present, correct?" |
| Leading | Control narrative | "Isn't it true that..." |
| Foundation | Authenticate | "Do you recognize this document?" |
| Hypothetical | Expert opinions | "Assuming X, would you agree..." |
| Impeachment | Challenge credibility | "Didn't you previously state..." |
Effective Questioning
DO:
✓ Listen to the answer
✓ Ask one question at a time
✓ Allow silence (don't fill gaps)
✓ Follow up on unclear answers
✓ Pin down vague responses
✓ Use documents strategically
✓ Control the pace
DON'T:
✗ Argue with the witness
✗ Ask compound questions
✗ Accept non-responsive answers
✗ Reveal your strategy
✗ Let opposing counsel coach
✗ Rush through important topics
✗ Forget to close loops
Locking In Testimony
PINNING TECHNIQUE
1. Establish the fact
"You attended the meeting on January 15?"
2. Eliminate alternatives
"No one else from your department was there?"
3. Confirm completeness
"Is there anything else you want to add about that meeting?"
4. Lock it down
"So your testimony is that only you attended from the department?"
Defending Depositions
Witness Preparation Session
WITNESS PREPARATION OUTLINE
SESSION 1: OVERVIEW (1-2 hours)
□ Explain deposition process
□ Review ground rules
□ Discuss likely topics
□ General preparation guidance
SESSION 2: DOCUMENT REVIEW (2-4 hours)
□ Review key documents
□ Explain document origins
□ Prepare for document questions
□ Identify potential issues
SESSION 3: PRACTICE (2-4 hours)
□ Mock questioning
□ Review answers
□ Address problem areas
□ Final preparation
KEY INSTRUCTIONS:
1. Tell the truth
2. Listen to the question
3. Answer only what's asked
4. Don't volunteer
5. Say "I don't know" if true
6. Say "I don't remember" if true
7. Ask for clarification if needed
8. Take breaks when needed
9. Don't guess or speculate
10. Watch for trick questions
Objection Grounds (Federal)
| Objection | Basis | Preserve? |
|---|
| Form | Compound, vague, argumentative | Yes |
| Leading | Suggestive (own witness) | Yes |
| Speculation | Calls for guess | Yes |
| Foundation | Lack of personal knowledge | Yes |
| Privilege | Attorney-client, work product | Yes (instruct not to answer) |
| Harassment | Badgering, already asked | Generally |
Objection Protocol
PROPER OBJECTION
"Objection, [ground]."
Examples:
- "Objection, form."
- "Objection, asked and answered."
- "Objection, calls for speculation."
- "Objection, compound."
- "Objection, vague."
IMPROPER (Speaking objection):
"Objection, the question is completely unclear and you're
obviously trying to confuse the witness about..." [NO]
Instructions Not to Answer
Limited to:
- Privilege (attorney-client, work product)
- Court order limitation
- Seek protective order
Not permitted for:
- Relevance objections
- Unfair questions
- Embarrassing answers
- Harmful testimony
Rule 30(b)(6) Depositions
Notice Requirements
RULE 30(b)(6) NOTICE
Notice must describe with reasonable particularity
the matters for examination.
TOPICS:
1. [Detailed description of topic 1]
2. [Detailed description of topic 2]
3. [Continue...]
DOCUMENTS TO BE PRODUCED:
1. [Category 1]
2. [Category 2]
Corporate Designee Preparation
PREPARATION STEPS
1. IDENTIFY APPROPRIATE DESIGNEES
- Who has knowledge?
- Who can learn the information?
- Consider multiple designees
2. GATHER INFORMATION
- Interview knowledgeable employees
- Review relevant documents
- Compile data and records
- Fill knowledge gaps
3. PREPARE DESIGNEE
- Educate on topics
- Review documents
- Practice testimony
- Clarify scope
4. DISTINGUISH KNOWLEDGE TYPES
- Personal knowledge: "I know..."
- Corporate knowledge: "The company's position is..."
- Outside scope: "That topic wasn't noticed"
Binding Effect
- Designee speaks for corporation
- Testimony binds organization
- Cannot later claim designee didn't know
- Must prepare designee adequately
Deposition Summaries
Summary Formats
| Format | Use Case |
|---|
| Page-line | Quick reference, trial prep |
| Topic-based | Issue analysis |
| Chronological | Timeline development |
| Narrative | Comprehensive review |
Page-Line Summary Template
DEPOSITION SUMMARY
Witness: [Name]
Date: [Date]
Reporter: [Name]
PAGE:LINE TOPIC SUMMARY
─────────────────────────────────────────────────
12:5-15 Background Witness employed by XYZ Corp
since 2015 as project manager
23:10-24:5 Jan 15 Meeting Attended meeting with Smith
and Jones; discussed timeline
45:8-22 Contract Terms Confirmed receipt of final
contract on January 20
[Continue...]
KEY TESTIMONY
- [Significant admission 1] (p. 34:5-12)
- [Significant admission 2] (p. 67:18-68:3)
IMPEACHMENT OPPORTUNITIES
- [Prior inconsistent statement] (p. 89:4-10 vs. Doc. Ex. 5)
Topic Summary Template
TOPIC: [Topic Name]
WITNESSES WHO TESTIFIED:
1. [Witness 1] - [Date]
2. [Witness 2] - [Date]
TESTIMONY SUMMARY:
[Witness 1]:
- [Key point 1] (p. XX:X-XX:X)
- [Key point 2] (p. XX:X-XX:X)
[Witness 2]:
- [Key point 1] (p. XX:X-XX:X)
- [Key point 2] (p. XX:X-XX:X)
CONFLICTS/INCONSISTENCIES:
- [Witness 1] said X; [Witness 2] said Y
DOCUMENTS REFERENCED:
- Exhibit 1: [Description]
- Exhibit 5: [Description]
FOLLOW-UP NEEDED:
- [Additional discovery/witnesses needed]
Video Deposition Considerations
Technical Setup
Presentation Tips
FOR WITNESS:
- Dress professionally
- Look at questioner (not camera)
- Speak clearly and deliberately
- Pause before answering
- Keep composure on camera
FOR COUNSEL:
- Be aware of camera angles
- Don't make faces
- Keep papers organized
- Plan exhibit handling
- Consider jury perception
Integration with Other Skills
- litigation: Overall case strategy
- e-discovery: Document identification
- legal-research: Legal issue prep
- case-management: Scheduling/tracking
- brief-writing: Using deposition testimony
Reference Files
For detailed guidance:
references/outline-templates.md - Deposition outline formatsreferences/witness-prep-guide.md - Preparation session protocolsreferences/summary-templates.md - Summary format examples
