Appendix 5-4 Deposition Preparation—client Deposition Checklist

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

APPENDIX 5-4 DEPOSITION PREPARATION—CLIENT DEPOSITION CHECKLIST

1. Prepare your client in advance, and more than once. Do not save your client's preparation for the day of the deposition.

a) Notify. When a deposition date is set, notify your client in writing of the date, time, and place of the deposition. Include with your letter a copy of the Tips for Witnesses, provided in Appendix 5-5, a copy of your client's Answers to Interrogatories, and any other document the client has attested to under oath. Ask your client to review the enclosures.

b) Remind. When you receive the Notice of Deposition, send it to your client with a reminder to review the enclosures from the prior correspondence. Ask your client to contact your office to schedule at least one in-person appointment with you not more than two weeks before the deposition date. Highlight in your correspondence any documents that the Notice requests your client to bring to the deposition.

2. Explain the basic mechanics of a deposition. For a witness to provide the most effective testimony and to remain alert at a deposition, the lawyer must allay fears and provide the witness a level of comfort that is independent of the pending case. Well in advance of the deposition, the lawyer should provide the client with the following information:

a) Where the deposition will be held;

b) Anticipated length of deposition and the order of witnesses;

c) The names, roles, and anticipated demeanor of the attorneys who will be present;

d) The role of the court reporter and the type of equipment the reporter will use. It is surprising how many deponents focus on these mundane

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