5.6 Preparation and Techniques for Questioning

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

5.6 PREPARATION AND TECHNIQUES FOR QUESTIONING

5.601 Modes of Questioning. Another aspect of preparing for the deposition is to determine what modes of questioning are the most effective to achieve the goals previously identified by the initiating attorney. Different styles of questioning typically elicit different responses.

1. Leading questions. This method of questioning is helpful to direct a witness to a subject area and to elicit discrete admissions. Leading questions give the examiner a high degree of control over the witness. On the other hand, leading questions may undermine the effectiveness of discovery when a witness answers counsel's discrete questions but the constraints of the questioning method cause further issues related to the topic to go undetected. Nevertheless, depending on the specific case and the goals of the deposition, leading questions may be an appropriate technique.

2. Open-ended questioning. This method is effective for discovery purposes. The free-flowing dialogue that the question usually elicits provides the foundation for effective follow-up questioning and issue identification. The exclusive use of open-ended questions, however, can foreclose future impeachment opportunities and does not provide a framework for trial examination of that witness.

3. General to specific questioning. An open-ended question format followed by a leading or precise question can sometimes meet both the discovery and trial tactic goals. Under this...