witness-prep

# Deposition Witness Preparation

Structured framework for ethical, effective witness prep before depositions. Adapts to party witnesses, fact witnesses, 30(b)(6) corporate reps, and experts.

## Prerequisites

1. **Witness identity and type** — party, fact, 30(b)(6), or expert
2. **Deposition notice** — date, time, location, noticed topics
3. **Key documents** — authored by, received by, or mentioning witness; likely exhibits
4. **Prior statements** — interrogatory answers, declarations, prior testimony
5. **Case context** — claims, defenses, anticipated difficult areas

## Quick Start

1. Gather prerequisites above
2. Choose session model (two-session recommended for most depositions)
3. Run Session 1: orientation + document review
4. Run Session 2: practice examination + logistics
5. Generate outputs: prep memo, document list, topic summary, day-of checklist

## Session Models

| Model | Use When | Sessions | Hours |
|-------|----------|----------|-------|
| **Two-Session** (default) | Most depositions | 2, with 1-7 day gap | 4-7 |
| **Single Extended** | Simple matters or scheduling constraints | 1 | 4-6 |
| **Multi-Session** | Complex cases or anxious witnesses | 3 | 6-8 |

For **30(b)(6)**: add topic-by-topic prep time; may require additional sessions.

## Session 1: Orientation & Document Review (2-4 hrs)

### Opening (15-20 min)

Set expectations: purpose is truthful, clear testimony — not scripted answers. Explain deposition mechanics (oath, attendees, court reporter, transcript use).

Address common concerns:
- "What if I don't know?" → Say "I don't know"
- "What if I don't remember?" → Say "I don't recall"
- "What if I make a mistake?" → Correct via errata
- "Will you help me?" → Attorney can object, but witness must answer

### Ground Rules (20-30 min)

- **Listen fully** — wait for complete question before answering
- **Clarify** — "I don't understand" is always acceptable
- **Answer only what's asked** — don't volunteer, explain, or justify
- **Tell the truth** — evasion always makes it worse
- **"I don't know" vs. "I don't recall"** — never-knew vs. can't-remember-now
- **Pause before answering** — take your time
- **Flag problem questions** — compound, false premise, characterization, absolutes

### Document Review (60-90 min)

Review order:
1. Documents witness authored
2. Documents witness received
3. Documents mentioning witness
4. Key exhibits likely to be used
5. Witness's prior statements

For each document, capture:

| Document | Witness Role | Key Points | Potential Issues |
|----------|-------------|------------|------------------|
| | Author / Recipient / Mentioned | | |

**Red-flag documents** (contradictions, bad phrasing, memory gaps): ask what witness recalls — do NOT suggest answers. Let witness formulate their own honest explanation.

### Substantive Topic Review (60-90 min)

Per anticipated topic:
1. Explain why it matters to the case
2. Ask what witness knows (capture genuine recollection)
3. Review relevant documents
4. Identify uncertainty or difficulty areas

Focus vulnerable areas on: distinguishing knowledge vs. assumption, preparing for probing, ensuring document comprehension.

### Close Session 1

- **Homework**: documents to re-review, topics to reflect on
- **Confirm**: Session 2 date/time, deposition date/time/location

## Session 2: Practice & Refinement (2-3 hrs)

### Check-In (10-15 min)

Address new concerns or memories. Confirm homework completed.

### Practice Examination (60-90 min)

Play opposing counsel. Cover these question types:
1. Background (warm-up)
2. Open-ended ("Tell me about...")
3. Document-based ("Showing you Exhibit X...")
4. Detail (dates, times, people)
5. Commitment ("Is that everything?")
6. Challenging (confrontational, compound, false premise)
7. Impeachment setup (locking in testimony)

Coaching corrections:

| Behavior | Correction |
|----------|-----------|
| Answers before question finishes | "Wait for the full question" |
| Volunteers extra info | "Answer what's asked, then stop" |
| Guesses or speculates | "Say you don't know" |
| Gets defensive | "Stay calm, just answer" |
| Looks to attorney for help | "You need to answer — I can't help on substance" |
| Rambling answers | "Shorter. Answer, then stop." |
| Uses absolutes | "Are you sure 'never'?" |

Spend extra time on vulnerable topics with multiple phrasings.

### Objection Guidance (15-20 min)

Instruct witness: keep listening through objections, wait for objection to finish, then answer unless specifically told not to.

Instruction not to answer is rare — limited to: attorney-client privilege, work product (jurisdiction-dependent), court order violation, genuine harassment.

### Day-Of Logistics (15-20 min)

**Before**: sleep, breakfast, professional dress. Arrive 15-30 min early. Bring government ID only — NO documents, notes, or files (discoverable).

**During**: no chatting with opposing counsel, no jokes on the record, phone out of room, don't discuss case in hallways or restrooms.

## Day-Of Protocol

**Pre-deposition (30 min before)**: final check-in, rule reminder, confirm break signals.

**During**: object briefly to preserve record ("Objection, form"). No speaking objections that coach witness. Request breaks for fatigue only — not to interrupt pending questions. Track admissions and problem areas.

**Post-deposition debrief**: brief emotional support, no detailed discussion until transcript review, explain errata process, remind witness not to discuss testimony with others.

## Output Templates

### Witness Preparation Memo
- Session dates, durations, topics covered
- Documents reviewed
- Witness readiness assessment
- Areas of concern
- Ethical compliance confirmation

### Document Review List

| Document | Bates/Exhibit | Witness Reviewed | Notes |
|----------|--------------|------------------|-------|
| | | Yes/No | |

### Topic Preparation Summary

| Topic | Knowledge Level | Key Documents | Potential Issues |
|-------|----------------|---------------|------------------|
| | Strong/Moderate/Limited | | |

### Day-Of Checklist

- [ ] Pre-deposition meeting scheduled
- [ ] Witness has directions and arrival time
- [ ] Dress code communicated
- [ ] Exhibits organized
- [ ] Court reporter confirmed
- [ ] Videographer confirmed (if applicable)
- [ ] Break/lunch logistics arranged

### Anticipated Problem Areas
Per area: why it's a problem, witness's actual position, rehabilitation potential.

## Ethical Guardrails

- **ABA Opinion 508** — may explain law, review documents, practice questions, suggest clearer phrasing. May NOT suggest facts, tell witness what to say, conform testimony to other evidence, or discourage truthful testimony
- **ABA Model Rule 3.4** — fairness to opposing party and counsel
- **FRCP 30(c)-(d)** — examination conduct and duration limits
- All coaching refines *expression* of genuine recollection, never *substance*
- For 30(b)(6) witnesses, align topic prep to deposition notice topics