5.3 Evaluation and Goal Setting

• Library: Civil Discovery in Virginia (Virginia CLE) (2021 Ed.)

5.3 EVALUATION AND GOAL SETTING

5.301 In General. Before issuing a notice of deposition, it is critical to identify the goals and objectives for the deposition. This requires careful planning and usually a solid base of investigation and written discovery. It also requires the attorney to assess his or her case and to decide the purpose of the contemplated deposition. Used properly, a deposition can yield a strategic advantage for the client. A Preparation Checklist is included in Appendix 5-3.

5.302 Identifying Deponents. Identification of potential deponents begins the pre-deposition preparation process. The attorney can obtain this information from the client, witness interviews, written discovery, subpoenaed documents, consultations with expert witnesses, and any investigation performed in the pre-litigation phase of the case. The client and the expert can provide insight into the timing and sequence of depositions and help identify potential deponents. Experts can also provide insight into the opponent's theory and the flaws in the opponent's case, and they can help identify necessary or missing documents.

5.303 Practical and Strategic Considerations. A decision to depose is also based upon several practical and strategic considerations. Recognizing the distinctions between the different...