Depositions
Conduct
Coaching includes speaking objections suggesting answers, conferring with the witness while a question is pending, off-record discussions about substantive testimony during breaks, and in remote depositions, off-camera communication.
Rules on break conferences vary.
Alternative Names:
Coaching, Improper Witness Assistance
Why it Matters?
Remote depositions expanded the coaching problem substantially, since off-camera messaging is undetectable in a way that in-person conferences are not. Protocols requiring the witness to confirm no one else is present and no electronic communication is occurring have become standard responses. Where conferences during pending questions are prohibited, examining the witness about what was discussed is the direct remedy.
Frequently Confused with
Related terms
Frequently asked questions
How did remote depositions change coaching risk?
Can counsel confer with a witness during a deposition?
