Depositions
court reporter, and it's also important for the witness to ask for clarification regarding any question that he/she does not understand. Tese vary a bit from attorney to attorney and deposition to deposition, but it is important to let the witness know how the deposition will work. It is also particularly important to make sure that the witness knows to ask for clarification if he/she does not understand the question.
I
usually say, "If I ask a question and you answer it, then I am going to assume that you understood the question and are answering honestly and to the best of your ability.
Is that
fair?" Following these opening steps, the deposition proceeds with the attorney beginning to ask the witness the impending litany of questions.
The Procedures Probably
the most common procedural occurrence
during a deposition is an objection. When taking a deposition, some of your questions will draw objections. Te first time it happens it may startle you. Don't get rattled. Te most common objection you will make and hear at deposition is an objection to the "form" of the question, though usually opposing counsel will just say "objection" after one of your questions. After opposing counsel says this, he/she will probably instruct the witness to go ahead and answer the question anyway. However, just in case this doesn’t happen, it is important to know what opposing counsel means by an objection to the "form" of a question. A form objection is an objection to the manner in which a question was asked. Some proper reasons for a form objection are: a compound question (asking two different questions at the same time), an ambiguous question, a question that assumes facts not yet established, a question that improperly characterizes the witness' prior testimony, or a question that has already been asked and answered. Often, you will know right away why opposing counsel has objected to a question you’ve asked. However, if you are unsure of why opposing counsel objected to your question, ask. Sometimes, simply rephrasing the question will eliminate opposing counsel’s objection to it, help keep the record clean and get an answer from the witness. Tis is especially crucial when you are videotaping a deposition in a case where a witness is unavailable for trial. In this scenario, the deposition is your one shot to elicit the necessary testimony. Eliminating as many objections as possible will pave the way for a smoother trial. Another procedural issue to be aware of is the initial set
of background questions which are asked of every witness. Examples of these are questions about the witness' educational and personal background, work and driving history, and criminal record. In an expert witness deposition, you should have the witness' resume on hand before the deposition.
Trial Reporter / Winter 2011 11
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