Weblog
03. June 2007: How to Prepare for a Deposition
Prepare for a deposition by knowing the facts and arguments of your case, as much as you can about the witness, the court rules relevant to depositions and evidence, and if the witness is a proponent of your position, prepare him well. Whether the witness is a fact witness or an expert witness will determine the level of preparation required. If the witness is an expert witness, not only is knowing the facts required, but also knowing the subject matter of expertise.One of the first matters to address is the subpoena and its form and requirements. If there is an objection to the form or requirements of the subpoena, put that on the record at the time the deposition begins. If the requirements are valid, do what is necessary to procure the records or other items subpoenaed along with the witness. This is something that often times must be taken care of well in advance so that the client or witness can assist you in obtaining the requested information. For example, if the subpoenaed material is the original medical chart, contact the hospital or office risk manager well in advance. Odds are that unless it is the risk manager subpoenaed, he will need advanced notice to schedule the deposition so that he can bring the original medical chart. Hospitals do not ordinarily allow the original medical chart out of the possession of the hospital, even if ...More