Preparing witnesses for deposition objections

• Author: Joseph A. Ranney
• Pages: 81-92

PREPARING WITNESSES FOR

DEPOSITION OBJECTIONS

3-1

CHAPTER 3

PREPARING WITNESSES FOR

DEPOSITION OBJECTIONS

I. PREPARING THE WITNESS FOR THE DEPOSITION

§3:01 The Importance of Preparing Witnesses

§3:02 Is Your Preparation Session With a Client Witness Privileged from Disclosure?

§3:03 Is Your Preparation Session With a Non-Client Witness Privileged from Disclosure?

[§§3:04-3:09 Reserved]

II. PREPARING THE WITNESS FOR DEPOSITION OBJECTIONS

A. Basic Points

§3:10 Topics to Cover in Preparation Session

§3:11 Explain General Rules

[§§3:12-3:19 Reserved]

B. Explain the Deposition Objection Process

§3:20 Should the Witness Answer the Question?

[§§3:21-3:29 Reserved]

C. Review Specif‌ic Objections

§3:30 Questions That Lack Foundation

§3:31 Questions That Call for Conclusions of Law

§3:32 “Contention” Questions

§3:33 Questions That Call for Speculation

§3:34 Questions That Call for Testimony Outside the Scope of the Witness’s Expertise

§3:35 Questions That Call for Disclosure of Attorney-Client Communications or Attorney Work Product

§3:36 Argumentative Questions

§3:37 Other Types of Objections

§3:38 Explain the Witness’s Role When an Objection Is Made

[§§3:39-3:49 Reserved]

D. Review Possible Questions

§3:50 Anticipate Questions That May Be Asked at the Deposition

II. FORMS AND CHECKLISTS

Form 3-1 Checklist: Explaining the General Nature of a Deposition to a Witness

Form 3-2 Checklist: Common Deposition Objections and Responses