Depositions
Preparation
Preparation covers deposition mechanics, review of relevant documents and prior statements, anticipated topics, and guidance on answering practices such as listening to the question and not volunteering.
It is proper; coaching a witness to testify falsely is not.
Alternative Names:
Preparing the Witness, Witness Prep
Why it Matters?
The boundary is between preparing a witness to testify truthfully and effectively, which is required by competent representation, and shaping the substance of the testimony, which is not. Reviewing documents refreshes recollection legitimately, though anything shown to refresh may be discoverable under Rule 612. The practical guidance that produces the most improvement is answering only what was asked and not filling silence.
Frequently Confused with
Related terms
Frequently asked questions
Where is the line between preparation and coaching?
Are documents shown to a witness discoverable?
