Witness briefing checklist

Prepared by: Phillip J. Kolczynski, Esq.

I. Explanation of the Litigation

Explain who’s suing whom interested parties.

Discuss the issues involved general theories.

Point out what’s at stake damages sought, reputation, precedent.

Describe the cast lawyers, investigators, experts, judge.

Identify the witness’s involvement:

Not being sued personally.

No impact on employment performance ratings.

Time demands.

Likelihood of having to come to trial.

Involvement with other witnesses/experts.

Explain the possibility of settlement.

II. Background Review of the Deponent

Education special licenses/skills.

Employment history.

Exposure to legal system.

Prior testimonial experience.

Anxieties concerning upcoming deposition.

Personal stake in the outcome.

Prior briefing/prior conversations.

Sensitive personal matters which may come up (divorces, bankruptcies, etc.).

III. Deposition Procedure

Room arrangement.

Informality smoking, coffee breaks.

No judge, therefore no referee for lawyer disputes.

Order of interrogation, description of lawyers.

Court reporter present/types transcript/under oath.

Read back capability.

Witness review and signature.

Demeanor and dress.

Objectives and methods of opposing lawyers.

Purpose of deposition discovery, preservation.

Use of deposition:

Discovery.

In some circumstances, substantive in lieu of court appearance.

Impeachment.

Presence of clients, consultants, observers, and others during deposition.

Requirement that all questions must be answered unless instructed otherwise.

Reasonable fishing expeditions are permitted.

Objections for the record, but may indicate what's wrong with the question.

Duty to tell the truth. Do not speculate, volunteer information or render personal information.

Interrogation, not conversation.

Deposition break conferences.

Explain that you won't ask witness too many questions except for clarification.

Explain that it will be difficult to give advice during the deposition while on the record. Pointers are provided at the pre deposition conference.

IV. Deposition Conduct Advice for Deponent

Do not bring notes or books. If they are used for deposition preparation, deponent can be forced to disclose them and can be cross examined about them.

Be truthful and succinct. If possible, avoid long narrative answers.

The more subjects introduced by deponent, the more questions asked.

Do not volunteer information, explanations, opinions, rumors.

Do not try to memorize your answers.

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