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...