Deposition checklist: deposing the plaintiff in employment cases (in general)
ATTORNEY AGREEMENTS
Objections
Signature
INTRODUCTION
State name:
My name . . . I represent . . .
Ever had deposition taken before
Purpose of deposition get to truth
Realize under oath -- judge and jury
Don't understand question, repeat/clarify
Fair for jury to assume understand, if don’t ask clarification
Want everything know or heard
Do you understand the term hearsay
For example, if I asked you something that you heard or know from other sources even though it is hearsay, I want you to tell me what you know
Agreement tell everything you know, including third-hand
You control pace of deposition
FULL AND COMPLETE
Full and complete answers
Want to know the whole story
Want to know what you're going to tell the jury
That's fair to Defendant
FEEL OK
On any medications
Are you ill
Feel ok right now
Physically and mentally prepared to give deposition
Anything to prevent you from giving full, complete, honest answers
DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS
[Go through duces tecum and establish documents Plaintiff produced at deposition.]
ALL OTHER DOCUMENTS
All documents regarding this lawsuit
All documents you've seen
Any documents not here
Reviewed all documents necessary to give full complete and honest answers
If can’t give a complete answer without reviewing documents, let me know
PREPARATION FOR DEPOSITION
Documents reviewed:
Depositions reviewed:
Pleadings reviewed:
Conversations with witnesses:
Meetings:
Conferences with attorney:
Evidence reviewed:
Photos reviewed:
FULLY PREPARED FOR DEPOSITION
Meet with attorney prior to deposition
Reviewed all relevant documents
Fully prepared for deposition
Anything else you need
DEPOSITIONS YOU'VE REVIEWED
Which ones read
What untrue
What disagree with
PRIOR DEPOSITIONS
Have you ever been deposed
[Repeat questions for each prior deposition.]
When
Where
Court
Case name
Plaintiff
Defendant
Plaintiff's attorney
Defendant's attorney
Your testimony
Witnesses
Allegations
All your damages
Your bodily injuries
Claims for mental anguish
Claims for lost wages
Outcome
Recovery reported on income tax
PERSONAL BACKGROUND
DOB
Marital Status
a. prior spouse
address
phone
b. prior spouse
address
phone
Children
a. names
b. dates of birth
SSN
DL No.
YOUR HEALTH
Describe health
Any disabilities
a. Describe
b. When acquire
c. What do they prevent
d. Affect ability to work
e. Ever make Defendant aware of disabilities
Any health problems
a. Describe
b. When acquire
c. What do they prevent
d. Affect ability to work
e. Ever make Defendant aware of health problems
Regularly receive any medical therapy/treatments
Regularly take prescriptions
HEALTH/LIFE INSURANCE
Ever denied health insurance
Ever denied life insurance
Medical exams to obtain insurance
DESCRIBE YOUR PERSONALITY
Are you flirtatious with men
Is it appropriate to flirt at the office
Is flirting at the office professional
CLUBS/ORGANIZATIONS
Belong to country clubs
Belong to private clubs
Club’s membership policies
a. exclude women
b. exclude minorities
Belong to any service organizations
CURRENT RESIDENCE
Street
City
Zip Code
Years lived at residence
Home telephone
PREVIOUS RESIDENCE
[Repeat questions for each previous residence.]
Street
City
Zip Code
Years lived at residence
Home telephone
Own/Rent
Landlord
a. Landlord's phone
b. Property manager
Roommate(s)
[Repeat questions for each previous roomate.]
a. Name:
b. Parents:
c. Current address:
d. Current phone:
e. Current employer:
EDUCATION
High School:
a. Year graduated:
Junior College:
a. Years attended:
b. Classes
c. Grades:
d. Degree:
College:
a. Major:
b. Grades:
c. Degree:
d. Date:
Graduate Studies:
a. Courses
Seminars:
Trade Shows:
Trade Schools:
Technical Schools:
Correspondence Schools:
Degrees:
ACTIVITIES IN HIGH SCHOOL
Anything particularly proud of
PROBLEMS IN HIGH SCHOOL
Suspended/probation/expelled
ACTIVITIES IN COLLEGE
Clubs
Fraternity/Sorority
Friends
Anything particularly proud of
PROBLEMS IN COLLEGE
Suspended/probation/expelled
ACTIVITIES GRADUATE SCHOOL
PROBLEMS GRADUATE SCHOOL
OTHER TRAINING/EDUCATION
CERTIFICATIONS/LICENSES
HONORS
Awards
Honor Societies
Honor Degrees
PROFESSIONAL MEMBERSHIPS
Professional Organizations/Trade Associations:
a. Officer
b. Committees
PUBLICATIONS
FORENSIC TRAINING
What to say
How to take deposition
PUBLIC ASSISTANCE
Ever apply welfare, food stamps
Why
When
Where
MILITARY SERVICE
Dates
Service no.
Rank and duties
Honors and medals
Type of discharge
Disability retirement
Injuries and illnesses
PHOTOS/VIDEOS
Diagrams
Videotapes
Photos/videos you took
Photos/videos taken by private investigator
Photos/videos taken by others
PHYSICAL EVIDENCE
All physical evidence
All tangible items
CLAIMS IN THIS LAWSUIT
All discrimination
All mistreatment
NOT CLAIMING IN THIS LAWSUIT
Age
Fraud
Sex
Race
Religion
Disability
Harassment
Unpaid benefits (COBRA, insurance, 401k retirement, fringe)
National origin
False imprisonment
Breach of contract
Invasion of privacy
Libel, defamation, slander
Unpaid salary or commissions
Negligent or intentional infliction of emotional distress
Violation of workers’ compensation laws
DIARY/JOURNAL
All papers documenting your claims
All papers documenting your feelings
PEOPLE WITH KNOWLEDGE
Knowledgeable re your damages
Knowledgeable re your job performance
Knowledgeable re alleged retaliation
Knowledgeable re alleged ____ harassment
Knowledgeable re Defendant's treatment of you
Knowledgeable re company's investigation of your claims
CHARITY/VOLUNTEER WORK
Organization
Supervisor
Hours per week
Any charity work particularity proud of
RELIGION
Are you religious
Describe your faith
How often attend services
How often attend other worship activities
Has faith helped you through this lawsuit
PRIOR LAWSUITS
All demand letters sent
All prior lawsuits threatened
All prior lawsuits filed
Regarding previous lawsuit:
[Repeat questions for each prior lawsuit.]
a. Plaintiff
b. Defendant
c. City
d. Court
e. Cause no.
f. Case name
g. Other parties
h. Your lawyer
i. Other side's lawyer
j. Any other lawyers
k. Why you sued/were sued
l. Allegations
m. All your damages
n. Your bodily injuries
o. Claims for mental anguish
p. Claims for lost wages
q. Your testimony
r. Witnesses
s. Outcome
t. Terms of settlement
u. Recovery reported on income tax
CLAIMS FILED
Claims with insurance companies
a. auto
b. theft
c. homeowner's
d. travel insurance
Claims with TWC
Claims with TWCC/IAB
Claims against companies
Claims against individuals
Claims against employers
Regarding previous claim for _____:
[Repeat questions for each claim.]
a. Name
b. Address
c. Phone
d. Person handling claim
e. Nature of your claim
f. Your damages
g. Any injuries to your body
h. Any mental anguish
i. Individual/company's response
j. Witnesses
k. Outcome
l. Did you report settlement as income
THREATENED LAWSUITS
Ever threaten any lawsuit
Ever consider filing lawsuit and then not do so
Ever tell anyone you were going to file suit
a. Tell people at Defendant
b. Disappointed couldn't sue
THIS LAWSUIT
How many attorneys did you consult re filing suit against Defendant
How many attorneys reviewed case before current attorney agreed to take it
Have you consulted with other attorneys since hired current attorney
SPYING
Ever hire detective to do surveillance on Defendant
Ever hired a private detective to conduct surveillance
Ever tell anyone you hired detective to conduct surveillance on _____
Ever gone through anyone's trash
PRIOR COMPLAINTS RE: EMPLOYMENT W/ANYONE
All oral complaints
All written complaints
All oral/written complaints to Better Business Bureau
All oral/written complaints to any consumer watchdog group
Complaints to governmental entities/FTC/attorney general
Complaints to TCHR, EEOC, TWC
Complaints to anyone re any type of discrimination
Who discriminated against you
Did you report
File EEOC charge
What action prior employer take
EMPLOYMENT
Current Employer
a. Company name
b. Name on paychecks
c. Company phone
d. Company address
e. Job title
f. Job duties
g. Start date
h. Why change job to take this job
i. Pay, bonuses, tips, commissions
j. Fringe benefits, medical insurance, Christmas bonus, turkeys, 401(k), matching contributions, insurance, retirement, recreation room, office cafeteria
k. Promotions
l. Commendations
m. Awards
n. Work evaluations
o. Demotions
p. Reprimands
q. Written warnings
r. Probation
s. Performance suggestions
t. Improvement plan
u. Your absentee rate
v. Your tardiness rate
w. Your supervisor
x. People you supervise
y. Fellow employees
z. Ever witness any discrimination
aa. Ever witness any sexual harassment
bb. Ever witness any sex discrimination
cc. Ever witness any retaliation
dd. Ever employee/sales person of the month
ee. Ever lead your office/division in anything
ff. Special training received or required
seminars, night schools
apprenticeships, internships
licensing or certificate required
gg. Ever date anyone at work
who
were they married
were they engaged
position with company
Previous Employer
[Repeat questions for each previous employer.]
a. Company name/Name on paychecks
b. Company phone
c. Company address
d. Job title
e. Job duties
f. Start date
g. End date
h. Why change job
i. Pay, bonuses, tips, commissions
j. Fringe benefits, medical insurance, Christmas bonus, turkeys, 401(k), matching contributions, insurance, retirement, recreation room, office cafeteria
k. Promotions
l. Commendations
m. Awards
n. Work evaluations
o. Demotions
p. Reprimands
q. Written warnings
r. Probation
s. Performance suggestions
t. Improvement plan
u. Your absentee rate
v. Your tardiness rate
w. Your supervisor
x. People you supervised
y. Fellow employees
z. Ever witness any discrimination
aa. Ever witness any sexual harassment
bb. Ever witness any sex discrimination
cc. Ever witness any retaliation
dd. Ever employee/sales person of the...
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